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
(AG2016/3525)

TOLL MARINE LOGISTICS & MUA GLADSTONE INSHORE CONSTRUCTION MARITIME ENTERPRISE AGREEMENT 2014

Maritime industry
COMMISSIONER SIMPSON	BRISBANE, 6 JULY 2016

Application for variation of the Toll Marine Logistics & MUA Gladstone Inshore Construction Maritime Enterprise Agreement 2014.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Toll Marine Logistics & MUA Gladstone Inshore Construction Maritime Enterprise 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.

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

[2] 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.

[3] 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

Perkins Shipping Pty Ltd, trading as Toll Marine Group, made an application to the Fair Work Commission for a variation of the Toll Marine Logistics & MUA Gladstone Inshore Construction Maritime Enterprise Agreement 2014. The dispute arose out of disagreements regarding the terms of employment and working conditions for employees covered by the agreement. The Fair Work Commission was tasked with determining whether the proposed variations were appropriate and fair, taking into account the interests of both the employer and the employees.

The legal issues before the Commission included whether the proposed changes were genuinely intended to improve efficiency and productivity, and whether they were necessary in light of changing economic circumstances. The Commission also had to consider whether the changes were consistent with the principles of good faith bargaining and whether they provided adequate protections for employees. Additionally, the fairness and reasonableness of the proposed changes in the context of the existing enterprise agreement were examined.

The Commission found that the proposed variations were necessary to improve operational efficiency and respond to economic challenges. The Commission determined that the changes were consistent with the principles of good faith bargaining and were fair and reasonable. The proposed changes provided adequate protections for employees, taking into account their interests and the need for a viable and sustainable business. Consequently, the Commission approved the application for variation of the enterprise agreement.

The final orders included the approval of the proposed variations to the Toll Marine Logistics & MUA Gladstone Inshore Construction Maritime Enterprise Agreement 2014, with specific changes to the terms and conditions of employment as detailed in the application. The new agreement was to be effective from the date of the Commission's decision, ensuring that both the employer and the employees were bound by the updated terms.

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