Transport Workers' Union of Australia v Toll Transport Pty Ltd T/A Toll Tasmania

[2016] FWC 966

[2016] FWC 966

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009
s.739—Dispute resolution

Transport Workers’ Union of Australia
v
Toll Transport Pty Ltd T/A Toll Tasmania
(C2016/2450)

Road transport industry
COMMISSIONER LEE	MELBOURNE, 11 FEBRUARY 2016

Alleged dispute about any matters arising under the enterprise agreement and the NES. .

[1] This matter involves the Transport Workers’ Union of Australia (the Applicant) and Toll Transport Pty Ltd T/A Toll Tasmania (Toll Tasmania).

[2] The parties met in conference before the Fair Work Commission today regarding a dispute filed by the Applicant concerning matters arising under the Toll Group – TWU Enterprise Agreement 2013 – 2017 (the Agreement).

[3] Mr J. Duck has been given a written warning for alleged insubordination related to a failure to obey a lawful and reasonable instruction.

[4] As the warning given was disciplinary in nature I have expressed the view that the warning should be converted to a verbal warning consistent with Clause 23 – Counselling and Warning Procedures of the Toll Tasmania State Agreement 2005 (the Local Agreement).

[5] Further, there should be a further meeting convened formally with Applicant to convey the verbal warning and the seriousness of the alleged conduct.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, AE405183  PR577029>