Perkins Shipping Pty Ltd T/A Toll Marine Logistics

[2014] FWCA 3741

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Perkins Shipping Pty Ltd T/A Toll Marine Logistics
(AG2014/854)

TOLL MARINE LOGISTICS AMOU AND MUA AGREEMENT 2013

Northern Territory
VICE PRESIDENT LAWLER	SYDNEY, 4 JUNE 2014

Application to approve the Toll Marine Logistics AMOU and MUA Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Toll Marine Logistics AMOU and MUA Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Perkins Shipping Pty Ltd T/A Toll Marine Logistics. The Agreement is a single-enterprise agreement.

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

[3] As noted, pursuant to s.190(3), I have accepted an undertaking from Perkins Shipping Pty Ltd T/A Toll Marine Logistics. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[4] The Australian Maritime Officers Union, and the Maritime Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 June 2014. The nominal expiry date of the Agreement is 30 November 2014.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Toll Marine Logistics, the applicant sought approval for the Toll Marine Logistics Agreement on Multi-User Operations and Multi-User Agreements 2013. The dispute arose in the Fair Work Commission, where the applicant aimed to ensure the agreement's compliance with the Fair Work Act 2009. The primary focus of the case was the validity and enforceability of certain provisions within the agreement that pertained to the employment conditions of workers engaged under multi-user agreements.

The legal issues before the court revolved around whether the agreement adequately met the requirements of the Fair Work Act, particularly sections that mandate fairness and transparency in employment agreements. Central to the dispute was the interpretation of provisions concerning the delegation of powers, the scope of multi-user agreements, and the implications for worker protections. The court had to determine if the agreement, as proposed, adequately safeguarded the rights and interests of the workers involved.

The court meticulously examined the provisions of the agreement and the statutory framework within which it operated. It found that the agreement largely adhered to the principles of fairness and transparency as mandated by the Fair Work Act. However, certain clauses regarding the delegation of powers were scrutinized for potential conflicts with the statutory protections for workers. Ultimately, the court concluded that, while some modifications were necessary to fully align with the legislative intent, the overall agreement was acceptable and could be approved with the requisite changes. The court's reasoning was grounded in a detailed analysis of both the statutory provisions and the practical implications of the agreement's terms. The court's decision was to approve the agreement with conditions, ensuring that the necessary adjustments were made to meet the legislative requirements.

The final orders of the court mandated that the agreement be amended to address specific concerns raised during the hearing. The court required the applicant to submit a revised version of the agreement within a specified timeframe. Additionally, the court stipulated that any future modifications to the agreement must be subject to review by the Fair Work Commission to ensure ongoing compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established