DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Toll
(AG2019/2529)

TOLL RCH (INGLEBURN, NSW) ENTERPRISE AGREEMENT 2018-2019

Storage services
COMMISSIONER JOHNS	MELBOURNE, 9 AUGUST 2019

Application for approval of the Toll RCH (Ingleburn, NSW) Enterprise Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Toll RCH (Ingleburn, NSW) Enterprise Agreement 2018-2019 (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. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] The National Union of Workers (NUW) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2019. The nominal expiry date of the Agreement is 1 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Toll Transport Pty Ltd trading as Toll, the Fair Work Commission was called upon to approve an enterprise agreement proposed for the RCH (Ingleburn, NSW) division. The dispute involved the terms of the proposed agreement, which was intended to govern the employment conditions of certain employees within the company. The Commission was tasked with determining whether the agreement complied with the requisite legal standards under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement met the formal requirements for registration, including whether it had been appropriately negotiated and if it provided for minimum entitlements as stipulated by the Act. Additionally, the Commission needed to assess whether the agreement was in the best interests of the employees it covered and whether it adhered to the principles of procedural fairness and good faith bargaining.

Upon examining the submissions and evidence presented by the parties, the Fair Work Commission found that the proposed agreement satisfied the necessary criteria. The Commission confirmed that the agreement was genuinely negotiated and contained all required provisions, including minimum entitlements. It also concluded that the agreement was in the best interests of the employees and complied with the principles of procedural fairness and good faith bargaining. Consequently, the Commission approved the application for the registration of the Toll RCH (Ingleburn, NSW) Enterprise Agreement 2018-2019.

The final orders included the registration of the enterprise agreement, which became effective upon the Commission's approval and was to remain in force until superseded by a new agreement or until terminated in accordance with the provisions of the Fair Work Act.

Toll Transport Pty Ltd T/A Toll

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established