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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Toll Transport Pty Ltd, trading as Toll Secure, applied for the approval of the Toll Secure Enterprise Agreement 2014. The application was made under section 233 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for employees within the Toll Secure division of the company, specifically those who were part of the National Transport Commission Heavy Vehicle National Law (Commonwealth) Single Interest Employer Agreement. The legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act and the Fair Work Regulations, and whether it provided for fair and reasonable terms and conditions of employment. The Commission examined the agreement to ensure it complied with the legislative framework, including provisions relating to minimum wages, penalty rates, and other employment conditions. It also assessed whether the agreement provided for a safety net of minimum terms and conditions, and whether it allowed for flexibility and efficiency in the workplace.

The Fair Work Commission found that the Toll Secure Enterprise Agreement 2014 met the necessary requirements under the Fair Work Act and the Fair Work Regulations. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, including appropriate minimum wages and penalty rates. The agreement was also found to provide a safety net of minimum terms and conditions while allowing for flexibility and efficiency in the workplace. The Commission concluded that the agreement was in the public interest and approved it, noting the importance of maintaining fair and reasonable terms and conditions of employment for employees in the transport industry. The approval of the agreement ensures that employees within the Toll Secure division will benefit from the agreed-upon terms and conditions, while also providing for the efficient operation of the business.

Toll Transport Pty Ltd T/A Toll Secure

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established