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

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

In the case of Toll Transport Pty Limited, the applicant sought approval of the Toll Maritime Offshore AMOU Oil and Gas Industry (Deck Officers) Enterprise Agreement 2019 from the Fair Work Commission. The primary dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009, specifically if it complied with the provisions concerning the protection of vulnerable employees and ensured fair treatment and conditions.

The court was tasked with determining whether the agreement adequately safeguarded the rights and interests of deck officers, particularly in relation to their work hours, rest periods, and other conditions of employment. The focus was on whether the agreement provided sufficient protections against unfair dismissal and whether it adhered to the broader principles of the Fair Work Act. The court also examined whether the agreement was negotiated fairly and if it met the standards of good faith bargaining.

The Fair Work Commission concluded that the agreement was substantially in compliance with the statutory requirements. It found that the agreement provided adequate protections for the employees and was a product of good faith bargaining. The commission noted that while there were some minor procedural issues, they did not significantly detract from the overall fairness and reasonableness of the agreement. As such, the commission approved the enterprise agreement, emphasising the importance of balancing the needs of employers and employees within the framework of the Fair Work Act.

The final orders included the approval of the Toll Maritime Offshore AMOU Oil and Gas Industry (Deck Officers) Enterprise Agreement 2019, subject to certain conditions that addressed the minor procedural issues identified during the review. The agreement was thus endorsed to take effect, ensuring that the terms and conditions for deck officers were legally compliant and fair.

Toll Transport Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established