Toll Energy and Marine Logistics Pty Ltd T/A Toll Marine

[2020] FWCA 2328

[2020] FWCA 2328

FAIR WORK COMMISSION

DECISION

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

Toll Energy and Marine Logistics Pty Ltd T/A Toll Marine
(AG2020/868)

TOLL ENERGY AND MARITIME UNIONS NORTH WEST LCT AGREEMENT 2020

Maritime industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 4 MAY 2020

Application for approval of the Toll Energy and Maritime Unions North West LCT Agreement 2020.

[1] Toll Energy and Marine Logistics Pty Ltd T/A Toll Marine has made an application for the approval of an enterprise agreement known as the Toll Energy and Maritime Unions North West LCT Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[5] The Construction, Forestry, Maritime, Mining and Energy Union, The Australian Maritime Officers’ Union, and The Australian Institute of Marine and Power Engineers (together, the organisations),being bargaining representatives for the Agreement, have given notice under s 183 of the Act they want the Agreement to cover them. In accordance with s 201(2), and based on the statutory declarations provided by the organisations, I note that the organisations are covered by the Agreement.

[6] The Agreement was approved on 4 May 2020 and, in accordance with s 54, will operate from 11 May 2020. The nominal expiry date of the Agreement is 11 May 2022.

DEPUTY PRESIDENT

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Annexure A