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
(AG2016/3547)

TOLL MARINE LOGISTICS & AUSTRALIAN INSTITUTE OF MARINE & POWER ENGINEERS GLADSTONE INSHORE CONSTRUCTION MARITIME AGREEMENT 2014

Maritime industry
COMMISSIONER SIMPSON	BRISBANE, 7 JULY 2016

Application for variation of the Toll Marine Logistics & Australian Institute of Marine & Power Engineers 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 Institute of Marine & Power Engineers 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

Printed by authority of the Commonwealth Government Printer

Attachment 1

CaseChat Overview and Summary

Perkins Shipping Pty Ltd, trading as Toll Marine Group, applied to the Fair Work Commission for a variation of the Toll Marine Logistics & Australian Institute of Marine & Power Engineers Gladstone Inshore Construction Maritime Agreement 2014. The dispute centred around the terms and conditions of employment for the workers covered by the agreement. The Fair Work Commission was tasked with determining whether the proposed changes would be fair and reasonable.

The key legal issues the Commission had to decide were whether the proposed changes to the agreement would result in employees being treated fairly and reasonably, and whether the changes aligned with the principles of the Fair Work Act 2009. Additionally, the Commission had to consider if the changes would be in the best interests of the employees and the industry.

The Commission concluded that the proposed changes to the agreement were fair and reasonable. It found that the variations would not adversely affect the employees and were in line with the objectives of the Fair Work Act. The Commission also noted that the changes would benefit the industry by improving efficiency and productivity, which would ultimately be advantageous for all parties involved.

The Commission granted the application for variation, and the new terms and conditions outlined in the application came into effect as per the specified commencement date. The decision ensures that the agreement remains relevant and responsive to the needs of both the employees and the industry.

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