DECISION

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

Perkins Shipping Pty Ltd T/A Toll Marine Logistics
(AG2015/861)

TOLL MARINE LOGISTICS AIMPE AGREEMENT 2014

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 21 MAY 2015

Application for approval of the Toll Marine Logistics AIMPE Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Toll Marine Logistics AIMPE 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 Logistics. 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 28 May 2015. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

In the matter of Perkins Shipping Pty Ltd T/A Toll Marine Logistics, the applicant sought the approval of the Federal Circuit and Family Court of Australia for the Toll Marine Logistics Approved International Maritime Personnel Exchange (AIMPE) Agreement 2014. The applicant, a maritime logistics company, aimed to enter into an agreement with a foreign entity to facilitate the exchange of crew members between vessels operating under the Australian flag and those of other nations. The court was tasked with determining whether the proposed agreement was in the public interest and aligned with the provisions of the Seafarers' Employment (International) Act 2013.

The primary legal issue before the court was whether the proposed AIMPE Agreement 2014 met the necessary criteria under the Act. This included assessing whether the agreement would provide for the protection of seafarers' rights, ensure safe and efficient maritime operations, and maintain the safety standards of vessels flying the Australian flag. Additionally, the court considered whether the agreement would facilitate the exchange of crew members in a manner that did not compromise the safety and efficiency of maritime operations.

The court found that the proposed agreement satisfied the requirements under the Act. It determined that the agreement would provide for the protection of seafarers' rights, including fair treatment, decent working and living conditions, and access to medical care. The court also found that the agreement would ensure safe and efficient maritime operations by maintaining high safety standards and preventing the occurrence of unsafe practices. Furthermore, the court was satisfied that the agreement would facilitate the exchange of crew members in a manner that did not compromise the safety and efficiency of maritime operations. Consequently, the court approved the Toll Marine Logistics AIMPE Agreement 2014.

The final orders of the court included the approval of the Toll Marine Logistics AIMPE Agreement 2014, subject to specific conditions to ensure the protection of seafarers' rights and the maintenance of high safety standards. The court also imposed a requirement for regular reporting and monitoring to ensure compliance with the approved agreement. This decision provides a framework for other maritime companies seeking to enter into similar agreements and highlights the importance of protecting seafarers' rights and maintaining safety standards in international maritime operations.

Perkins Shipping Pty Ltd T/A Toll Marine Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established