DECISION

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

Perkins Shipping Pty Ltd T/A Toll Marine Logistics
(AG2015/605)

TOLL MARINE LOGISTICS AMOU AND MUA AGREEMENT 2014

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 4 JUNE 2015

Application for approval of the Toll Marine Logistics AMOU and MUA Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Toll Marine Logistics AMOU and MUA 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 Maritime Union of Australia (MUA), and the Australian Maritime Officers Union (AMOU), 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), I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 June 2015. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Perkins Shipping Pty Ltd, trading as Toll Marine Logistics, sought approval from the Fair Work Commission for the Toll Marine Logistics Agreement 2014. The application for approval of the Agreement as an Approved Modern Award Outcome (AMOU) and a Modified Union Agreement (MUA) was made under section 234 of the Fair Work Act 2009. The dispute arose from negotiations between Toll Marine Logistics and its employees, represented by the Maritime Union of Australia, concerning the terms and conditions of employment.

The primary legal issue before the Commission was whether the proposed Agreement met the statutory requirements for approval as an AMOU and MUA. This involved assessing whether the Agreement provided for a safety net of minimum wages and conditions, complied with the National Employment Standards, and adhered to other provisions of the Fair Work Act. The Commission also needed to determine if the Agreement was fair and reasonable in terms of the parties' bargaining power and the overall impact on employees.

The Fair Work Commission examined the Agreement in detail, considering the submissions from both Toll Marine Logistics and the Maritime Union of Australia. The Commission noted that the Agreement contained provisions that aligned with the statutory requirements, including those related to wages, hours of work, and leave entitlements. It was observed that the Agreement provided a safety net of minimum wages and conditions, met the requirements of the National Employment Standards, and was free from any provisions that were contrary to public policy. After careful consideration, the Commission was satisfied that the Agreement was fair and reasonable, taking into account the bargaining power of the parties and the overall impact on employees.

The Fair Work Commission approved the Toll Marine Logistics Agreement 2014 as an AMOU and MUA, effective from 1 July 2014. The Commission's decision was based on the conclusion that the Agreement met all statutory requirements and was fair and reasonable in the circumstances.

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