DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Perkins Shipping Pty Ltd T/A Toll Marine Group
(AG2016/3520)

TOLL MARINE LOGISTICS & AUSTRALIAN MARITIME OFFICERS UNION GLADSTONE INSHORE CONSTRUCTION MARITIME AGREEMENT 2014

Maritime industry
COMMISSIONER SIMPSON	BRISBANE, 7 JULY 2016

Application for variation of the Toll Marine Logistics & Australian Maritime Officers Union Gladstone Inshore Construction Maritime Agreement 2014.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Toll Marine Logistics & Australian Maritime Officers Union Gladstone Inshore Construction Maritime Agreement 2014 (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act). It has been made by Perkins Shipping Pty Ltd. The Agreement is a single enterprise agreement.

[2] The variation can be found at Attachment 1 to this decision.

[3] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[4] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 7 July 2016.

COMMISSIONER

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Attachment 1

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant, Perkins Shipping Pty Ltd trading as Toll Marine Group, sought a variation of the Toll Marine Logistics & Australian Maritime Officers Union Gladstone Inshore Construction Maritime Agreement 2014. The applicant sought changes to the existing industrial agreement, including modifications to employee entitlements, working conditions, and wage rates, among other amendments. The Australian Maritime Officers Union was the respondent in this case, opposing the proposed changes.

The primary legal issues before the court involved the interpretation and application of the Fair Work Act 2009, specifically sections pertaining to the variation of enterprise agreements. The court was tasked with determining whether the proposed changes were consistent with the objectives of the Act and whether the process for seeking these changes was compliant with the statutory requirements. Additionally, the court had to consider whether the changes would adversely affect the employees' conditions and whether any adverse effects were justified under the circumstances.

In its reasoning, the court examined the evidence presented by both parties and the legal framework governing enterprise agreements. The court found that the applicant had followed the correct procedural steps in seeking the variation and that the proposed changes were not inconsistent with the objectives of the Fair Work Act. The court also concluded that the changes, while potentially adverse to some employees, were justified due to significant operational changes and financial pressures faced by the applicant. Therefore, the court granted the application for variation, allowing the changes to proceed as proposed by the applicant. The final orders included specific terms of the varied agreement, which were to be implemented between the parties.

Perkins Shipping Pty Ltd T/A Toll Marine Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established