DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Limited
(AG2018/712)

TOLL MARITIME OFFSHORE OIL AND GAS INDUSTRY (ENGINEERS) GREENFIELDS AGREEMENT 2017

Maritime industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 JUNE 2018

Application for approval of the Toll Maritime Offshore Oil and Gas Industry (Engineers) Greenfields Agreement 2017.

[1] An application has been made for approval of a greenfields agreement known as the Toll Maritime Offshore Oil and Gas Industry (Engineers) Greenfields Agreement 2017 (Agreement). The application was made by Toll Transport Pty Limited pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Institute of Marine and Power Engineers are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] 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.

Subject to the undertakings referred to above, 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.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Institute of Marine and Power Engineers and that the Agreement covers this organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2018. The nominal expiry date of the Agreement is 19 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Toll Transport Pty Limited applied for approval of the Toll Maritime Offshore Oil and Gas Industry (Engineers) Greenfields Agreement 2017. The application was brought in the Fair Work Commission, the body responsible for regulating workplace relations in Australia. The applicant sought to have the proposed agreement registered as a registered agreement under the Fair Work Act 2009, which would make it a legally enforceable contract between the employer and its employees.

The main legal issue the Commission had to decide was whether the proposed agreement met the requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement was genuinely negotiated and if it contained the necessary minimum terms and conditions of employment. The applicant argued that the agreement was the product of genuine negotiations and contained all the necessary minimum terms and conditions, while the respondents argued that the agreement did not meet the statutory requirements.

The Commission found that the applicant had provided sufficient evidence to demonstrate that the agreement was genuinely negotiated and contained all the necessary minimum terms and conditions. The Commission found that the agreement provided for a fair and reasonable set of terms and conditions for the employees, and that it met the requirements of the Fair Work Act. The Commission approved the application and registered the agreement as a registered agreement under the Fair Work Act.

The Commission made an order approving the application and registering the Toll Maritime Offshore Oil and Gas Industry (Engineers) Greenfields Agreement 2017 as a registered agreement under the Fair Work Act. The order is effective from the date of registration and applies to all employees covered by the agreement.

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