Federal Court case withdrawn after in-principle agreement for a new enterprise arrangement is reached
By Ruza Zivkusic-Aftasi | September 20, 2013
The Transport Workers Union (TWU) has withdrawn its Federal Court case against Toll after an in-principle agreement for a new enterprise arrangement was reached.
The legal threat stemmed from TWU claims that Toll’s actions led to workers being excluded from a vote on industrial action.
TWU National Secretary Tony Sheldon says the parties agreed that Toll workers had missed out on voting due to an administrative error.
They also agreed to assess the full extent of any disenfranchisement by working with company representatives to review lists, and committed to work though lists ahead of future ballots.
“We are pleased to have an in-principle enterprise agreement with Toll for which we will be seeking endorsement from our members,” Sheldon says.
“Also welcome is Toll’s commitment that in future workplace ballots everyone who is entitled to vote will be able to do so.
“This is now the second ballot in succession at Toll where a large number of eligible workers have been unable to vote.
“In one instance, more than 30 transport workers in a single Western Sydney yard were missing from the electoral rolls and denied the right to vote.
“Both the TWU and Toll have agreed that this gap in the voting roll is not a situation which should be repeated.
“Toll management have now made several commitments that should secure members’ rights in future workplace ballots.”
The TWU had previously claimed that more than 170 workers had missed out on having their say because the electoral list Toll supplied to the Australian Electoral Commission (AEC), which conducted the ballot, was not complete, up-to-date or accurate.
Toll has denied the charge of deliberately preventing some employees from voting.
A response has been sought from Toll.
