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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Federal Court was an application by Toll Energy and Marine Logistics Pty Ltd, trading as Toll Marine, to approve a new enterprise agreement with the Maritime Union of Australia. The application was brought under the Fair Work Act 2009 and related to the proposed Toll Energy and Maritime Unions North West LCT Agreement 2020. The union had lodged an objection to the application, raising concerns about various aspects of the proposed agreement, including pay rates, conditions, and procedural fairness.

The central legal issues for the Court to determine were whether the agreement met the requirements of the Fair Work Act and if it was free from any invalidity. Specifically, the Court had to consider whether the agreement was made in accordance with the procedural fairness requirements of the Act, whether it contained any provisions that were against public policy, and whether it was a genuine enterprise agreement. Additionally, the Court needed to assess whether the union's objection was justified and, if so, whether it was sufficient to warrant the refusal of the application.

In assessing these issues, the Court reviewed the evidence presented by both parties, including the processes followed in negotiating and finalising the agreement, the terms of the agreement itself, and the union's objections. The Court found that the negotiation process was fair and that the agreement contained no provisions against public policy. The Court also determined that the agreement was genuine and that the union's objections did not provide sufficient grounds to refuse the application. Consequently, the Court approved the agreement, finding that it met all the necessary legal criteria.

The Court's final orders included the approval of the Toll Energy and Maritime Unions North West LCT Agreement 2020 as a registered agreement under the Fair Work Act. The agreement was to be registered and enforceable from the date of the Court's decision. The union's objections were dismissed, and the application by Toll Marine was successful.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established