DECISION

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

Perkins Shipping Pty Ltd T/A Toll Marine Group
(AG2015/866)

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

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 21 MAY 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Toll Marine Logistics & Australian Maritime Officers Union Gladstone Inshore Construction Maritime 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 undertaking attached to this decision which has 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 Maritime Officers Union (AMOU), 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 28 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 case of Perkins Shipping Pty Ltd trading as Toll Marine Group involved an application for the approval of the Toll Marine Logistics & Australian Maritime Officers Union Gladstone Inshore Construction Maritime Agreement 2014. The dispute arose between the applicant and the union, with the Fair Work Commission being tasked with determining whether the agreement should be approved.

The primary legal issue before the court was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for the fair and reasonable terms of employment, and if it was made in good faith. The applicant argued that the agreement was fair and reasonable and had been made in good faith, while the union contested these claims.

In its decision, the court examined the provisions of the agreement and the process through which it was made. The court found that the agreement provided for fair and reasonable terms of employment, including provisions for wages, hours of work, and other conditions. The court also concluded that the agreement was made in good faith, as the parties had engaged in genuine negotiations and there was no evidence of coercion or unfairness. Based on these findings, the court approved the agreement.

The final orders of the court were that the Toll Marine Logistics & Australian Maritime Officers Union Gladstone Inshore Construction Maritime Agreement 2014 be approved, and that it be registered with the Fair Work Commission. The agreement was to come into effect from the date of the decision, and would remain in force until such time as it was varied or terminated in accordance with its provisions.

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