DECISION

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

Perkins Shipping Pty Ltd T/A Toll Marine Group
(AG2015/864)

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

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 21 MAY 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Toll Marine Logistics & MUA Gladstone Inshore Construction Maritime Enterprise 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 Maritime Union of Australia (MUA), 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 involves Perkins Shipping Pty Ltd, trading as Toll Marine Group, and the Maritime Union of Australia (MUA). The dispute centres on the application for approval of the Toll Marine Logistics & MUA Gladstone Inshore Construction Maritime Enterprise Agreement 2014. The matter was heard in the Fair Work Commission (FWC), an Australian tribunal established under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the statutory requirements under the Fair Work Act, particularly regarding the scope of the enterprise, the coverage of the agreement, and whether the agreement was fairly and properly made. The FWC also considered whether the agreement contained appropriate mechanisms for resolving disputes and ensuring compliance. Additionally, the Commission needed to ensure that the agreement did not undermine the general protections afforded by the Fair Work Act, such as minimum wage rates and conditions.

In its decision, the Fair Work Commission examined the submissions from both parties and the evidence provided. The Commission found that the agreement was properly made and met the statutory requirements. It determined that the agreement was sufficiently comprehensive and contained adequate dispute resolution mechanisms. The Commission also confirmed that the agreement did not undermine the general protections of the Fair Work Act. Consequently, the application for approval was granted, and the agreement was registered.

The final orders of the Commission included the approval and registration of the Toll Marine Logistics & MUA Gladstone Inshore Construction Maritime Enterprise Agreement 2014. This decision ensured that the terms of the agreement would be legally binding on the parties involved, providing a framework for the employment conditions within the specified enterprise.

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