Bauer & Associates

Creativity and Technology Consultants

Toll Group Enterprise Agreement 2017

The Fair Work Commission can also help employers and workers who are embarking on the “New Approaches” program. Learn more about the new approaches on the Fair Labour Commission website. The Commissioner noted that the enterprise agreement did not exclude stolto language for the installation and use of the DriveCam system and that the fact that Toll did not raise the issue in enterprise negotiations did not prevent him from introducing these measures at a later date. If a job has a registered contract, the premium does not apply. However, registered contracts apply until they are terminated or replaced. He stressed, however, that the proposal to install the camera and audio system should only take place after staff have received structured training on how the system works and the guidelines for its use. Commissioner Gregory acknowledged that both parties had argued forcefully in favour of their position: In the Australian Workers` Association toll North Pty Ltd and Transport Workers [2014] FWC 2945 (Melbourne, On July 22, 2014, Commissioner Gregory stated that there was no barrier for Toll North Pty Ltd and Toll Transport Pty Ltd who were installing cameras outside and up in their vehicles throughout Australia. The DriveCam system will not address the major causes of road accidents, such as fatigue. B, where the problem is often that different sites do not meet the scheduled departure times. The toll also argued that the installation and use of the DriveCam system was not contrary to state law (i.e. the Victorian Surveillance Devices Act 1999) and that, in any event, the FWC was in a position to pass an order that would null and file state law. The Commissioner concluded that the evidence indicates that “the system can contribute to improving safety outcomes in the road transport sector and should be considered by the parties in this context.” The evidence showed that the recordings received by DriveCam were used only with the consent of the driver involved in driver training and coaching and that the focus was on using DriveCam as a coaching and skills enhancement tool rather than to punish or fire drivers specifically for violating good driving practices.

A recent decision by the Fair Labour Commission (FWC) confirmed that a driver monitoring system filming vehicle operators in their work could be legally installed in Australian heavy vehicles. Since that decision, Toll has continued to promote the use of vehicle cameras across the industry as an effective tool to improve driver safety and road safety. Submissions and evidence on these issues were detailed. Toll relied primarily on evidence that the DriveCam system used by the company was effective in improving driver safety and road safety and that it had a number of features designed to minimize any invasion of driver privacy. “On the one hand, it is said that the DriveCam system is an important tool for drivers involved in the often difficult and demanding work of carrying HGVs. Furthermore, the Commissioner was not satisfied that the state-based Surveillance Devices Act of 1999 prevented the installation and use of the DriveCam system by Tolls preventing the installation and use of the DriveCam system as proposed, or that any other legal or contractual barrier preventing Toll from introducing DriveCam.


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