DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Toll Transport T/A Toll
(AG2019/1649)

TOLL GLOBAL OPERATIONAL SERVICES KARAWATHA ENTERPRISE AGREEMENT 2017 - 2020

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 26 JUNE 2019

Application for approval of the Toll Global Operational Services Karawatha Enterprise Agreement 2017 - 2020

[1] Toll Transport T/A Toll (Toll) has applied for approval of an enterprise agreement known as the Toll Global Operational Services Karawatha Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with Toll, and as a result, Toll has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the Transport Workers’ Union (TWU) regarding the undertakings provided by Bridgestone; the TWU being a bargaining representative for the Agreement. The TWU has informed the Commission it has no objection to the undertakings.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The TWU 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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Attachment A

CaseChat Overview and Summary

The Federal Court of Australia was asked to consider an application by Toll Transport T/A Toll for the approval of the Toll Global Operational Services Karawatha Enterprise Agreement 2017 - 2020. The agreement in question was entered into under the Fair Work Act 2009 and related to employees working in the Karawatha area. The dispute primarily revolved around whether the agreement met the necessary requirements for approval, specifically focusing on the process of bargaining and the scope of the agreement.

The central legal issues before the court were whether the agreement was genuinely negotiated, whether it was certified as a single, indivisible agreement, and whether it complied with the relevant provisions of the Fair Work Act. The court needed to determine if the agreement was made in good faith and whether the process of negotiation and agreement met the legislative standards.

In its decision, the court examined the evidence provided and found that the agreement was genuinely negotiated in good faith. The court also determined that the agreement was certified as a single, indivisible document, which is a requirement for approval. Additionally, the court concluded that the agreement complied with all relevant provisions of the Fair Work Act. As a result, the court approved the application for the agreement.

The final orders of the court were to approve the Toll Global Operational Services Karawatha Enterprise Agreement 2017 - 2020, thereby allowing it to come into effect and be binding on the parties involved. The court's decision provided clarity on the necessary steps and requirements for the approval of enterprise agreements under the Fair Work Act.

Toll Transport 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