Toll Transport Pty Limited

[2020] FWCA 6297

[2020] FWCA 6297

FAIR WORK COMMISSION

DECISION

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

Toll Transport Pty Limited
(AG2020/3372)

TOLL MARITIME OFFSHORE AMOU OIL AND GAS INDUSTRY (DECK OFFICERS) ENTERPRISE AGREEMENT 2019

Maritime industry
COMMISSIONER SPENCER	BRISBANE, 10 DECEMBER 2020

Application for approval of the Toll Maritime Offshore AMOU Oil and Gas Industry (Deck Officers) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Toll Maritime Offshore AMOU Oil and Gas Industry (Deck Officers) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Toll Transport Pty Limited. The Agreement is a single enterprise agreement.

[2] A number of matters were identified, and responses and undertakings sought from the Employer. The Applicant provided an undertaking on 23 November 2020. The views of the Australian Maritime Officers’ Union (the AMOU), being a bargaining representative for the Agreement, were sought regarding the undertakings. The AMOU advised on 10 December 2020 that it did not oppose the undertakings as provided.

[3] Subject to matters that have been addressed by way of undertakings, 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.

[4] Matters concerning deductions of notice and parental leave were identified. A National Employments Standard (NES) undertaking was sought and provided by the Applicant. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement and as Annexure A to this Decision.

[7] The AMOU 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 AMOU.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2020. The nominal expiry date of the Agreement is 15 June 2022.

COMMISSIONER

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Annexure A.