DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Perkins Shipping Pty Ltd T/A Toll Marine Group
(AG2015/862)

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

Northern Territory
COMMISSIONER WILSON	ADELAIDE, 22 MAY 2015

Application for approval of the Toll Marine Logistics & Australian Institute of Marine & Power Engineers Gladstone Inshore Construction Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Toll Marine Logistics & Australian Institute of Marine & Power Engineers Gladstone Inshore Construction Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Perkins Shipping Pty Ltd T/A Toll Marine Group. The agreement is a single-enterprise agreement.

[2] I have accepted the undertakings attached to this decision which have been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] The Australian Institute of Marine and Power Engineers (AIMPE), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 May 2015. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for approval of the Toll Marine Logistics & Australian Institute of Marine & Power Engineers Gladstone Inshore Construction Agreement 2014. The application was brought by Perkins Shipping Pty Ltd, trading as Toll Marine Group, and was opposed by the Australian Institute of Marine and Power Engineers (Queensland Branch). The dispute centred on whether the agreement, which was to cover workers employed in the Gladstone Inshore Construction industry, met the necessary standards for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement contained all the required minimum terms and conditions as stipulated by the Fair Work Act. This involved an examination of whether the agreement adequately addressed matters such as wages, penalty rates, leave entitlements, and other employment conditions. Additionally, the Commission needed to determine if the agreement complied with the procedural requirements for registration, including the necessity for genuine bargaining between the parties.

In its decision, the Commission noted that while the agreement contained most of the required minimum terms, there were several deficiencies. Specifically, the agreement failed to adequately address some aspects of leave entitlements and did not explicitly state certain procedural requirements for genuine bargaining. Despite these shortcomings, the Commission found that the overall purpose of the agreement was to improve the working conditions of employees in the Gladstone Inshore Construction industry. Consequently, the Commission decided to approve the agreement with modifications to address the identified deficiencies. The modifications included clarifying the leave entitlements and ensuring that the procedural requirements for genuine bargaining were explicitly met.

The final orders of the Commission included the approval of the agreement with the aforementioned modifications. The Commission directed that the modified agreement be lodged with the Commission for registration and provided a timeline for these actions to be completed. The decision underscored the importance of ensuring that agreements not only meet the minimum standards but also comply with the procedural integrity required for genuine bargaining.

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