Application for approval of the Toll (Brisbane Central DC) and UWU Enterprise Agreement 2025

[1] Toll Transport Pty Ltd has applied for approval of a single enterprise agreement known as the Toll (Brisbane Central DC) and UWU Enterprise Agreement 2025 (Agreement). The application is made under section 185 of the Fair Work Act 2009 (Act).

[2] Toll has provided written undertakings, a copy of which is attached in Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement or to result in substantial changes to the Agreement. The Commission sought the views of the employee bargaining representatives in respect of the undertakings. Pursuant to section 190(3) of the Act, I accept the undertakings. They are taken to be a term of the Agreement.

[3] Clause 48 of the Agreement is titled "Union Delegates and Training Leave". It is inconsistent with clause 29A of the Storage Services and Wholesale Award 2020, being the relevant award, in three respects:

• (1) Clause 48.2 requires the right of representation to be exercised "in line with the Disputes Resolution Procedure of [the] Agreement". On the terms of clause 15 of the Agreement (Disputes Resolution Procedure), the right of representation under clause 48 would be confined to "disputes over matters arising from this Agreement". This is significantly narrower than the right of representation conferred by clause 29A.5 of the Award.

• (2) The clause does not entitle the delegate to the facilities for which clause 29A.7 of the Award provides, but only "access to a notice board or section thereof" (clause 48.4).

• (3) The clause imposes a requirement that a delegate have been employed by Toll for more than 6 months before being entitled to union training. No such condition appears in the Award.

[4] Toll submitted that clause 48 is more favourable than the Award as it "provides for paid time off which does not appear in the Award". However, I do not consider that this outweighs the matters to which I have referred, and in particular the purported limitation on the right of representation.

[5] I consider clause 48 to be less favourable than clause 29A of the Award. Consequently, pursuant to section 205A(2) of the Act, clause 48 is of no effect and clause 29A of the Award is taken to be a term of the Agreement.

[6] Having regard to the undertakings and the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to the application have been met.

[7] The United Workers Union ("UWU") was a bargaining representative for the Agreement. It supports approval of the Agreement. It has given notice under section 183 of the Act that it wants the Agreement to cover it. As required by section 201(2) of the Act, I note that the Agreement covers the UWU.

[8] The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 20 March 2026. The nominal expiry date of the Agreement is 31 October 2028.

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