Toll Transport Pty Ltd T/A Toll Retail Consumer Healthcare

[2018] FWCA 5549

[2018] FWCA 5549

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Toll Retail Consumer Healthcare
(AG2018/3539)

TOLL RETAIL CONSUMER HEALTHCARE & NATIONAL UNION OF WORKERS SOMERTON NDC ENTERPRISE AGREEMENT 2018

Storage services
COMMISSIONER PLATT	ADELAIDE, 4 SEPTEMBER 2018

Application for approval of the Toll Retail Consumer Healthcare & National Union of Workers Somerton NDC Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Toll Retail Consumer Healthcare & National Union of Workers Somerton NDC Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Toll Transport Pty Ltd T/A Toll Retail Consumer Healthcare. The agreement is a single enterprise agreement.

[2] On 17 August 2018, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement.

[3] I note that the title of the Agreement is not identical to that contained in the Notice of Representative Rights (NERR), but I do not believe that this invalidates the NERR.

[4] The employer subsequently provided a copy of the voting information distributed to employees, a copy of the presentation given to the employees at the information sessions, and an undertaking which adopted the definition of “shift worker” as described in the National Employment Standards (NES) in clause 19 of the Agreement and identified that clauses 22, 28.7 and 38 of the Agreement are to be read in conjunction with the NES and that where any inconsistency arises the NES will prevail.

[5] No bargaining representatives were appointed. I have accepted the undertaking provided by the employer. As a result, the undertakings are taken to be a term of the Agreement.

[6] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 1 July 2021.

COMMISSIONER

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