Toll Transport Pty Ltd T/A Toll Secure

[2015] FWCA 2003

[2015] FWCA 2003

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Toll Secure
(AG2015/1904)

TOLL SECURE ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 24 MARCH 2015

Application for approval of the Toll Secure Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Toll Secure Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Toll Transport Pty Ltd T/A Toll Secure (Toll Secure). The agreement is a single-enterprise agreement.

[2] On 20 March 2015 an undertaking was provided by Ms D McGrouther, General Manager of Toll Secure, in relation to clause 8 (Dispute Resolution) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] On 13 March 2015 Linfox Armaguard sought a confidentiality order in relation to the content of clause 11.7 of the Agreement on the basis that publication could endanger the safety of persons working under the Agreement. This was supported by Toll Secure and the TWU. I have considered the grounds relied upon and pursuant to s.594(1)(c) of the Act, I order that the content of clause 11.7 be prohibited for publication.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 March 2015. The nominal expiry date of the Agreement is 27 March 2018.

COMMISSIONER

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Annexure A