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Toll Group Enterprise Agreement 2017

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. 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. If a job has a registered contract, the premium does not apply. However, registered contracts apply until they are terminated or replaced. 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. Toll began installing these cameras in his vehicles in 2011, but encountered resistance to Victoria`s driver-oriented camera. The Victorian branch of the Transport Workers Union (TWU) rejected the change and said it placed a burden on an invasion of privacy. In Toll North Pty Ltd / Transport Workers` Union of Australia [2014] FWC 2945 (Melbourne, 22 July 2014), Commissioner Gregory found that there was no barrier for Toll North Pty Ltd and Toll Transport Pty Ltd (Toll) who install cameras outside and up in their vehicles throughout Australia. Commissioner Gregory acknowledged that both parties had argued strongly in favour of their position, but noted that the proposal to install the camera and audio system should only take place after staff had received structured training on the operation of the system and the guidelines for its use.

On the other hand, the opinions and evidence of the TWU and its members raise various concerns about the potential effects of the facility and use the technology. The TWU objected to the use of cab-directed cameras on the grounds that the TWU relied on evidence to support its assertion that a device that in some cases should have been used manually would be a great distraction for drivers and would potentially contribute to accidents rather than prevent them. “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.

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