Toll Transport Pty Limited T/A Toll Shipping

[2021] FWCA 6

[2021] FWCA 6

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Limited T/A Toll Shipping
(AG2020/3662)

TOLL SHIPPING BURNIE STEVEDORING UNION COLLECTIVE AGREEMENT 2020

Stevedoring industry
COMMISSIONER LEE	MELBOURNE, 4 JANUARY 2021

Application for approval of the Toll Shipping Burnie Stevedoring Union Collective Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Toll Shipping Burnie Stevedoring Union Collective Agreement 2020 (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 T/A Toll Shipping. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] 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] The Maritime Union of Australia being a bargaining representative for the Agreement, 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 organisation.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 14.1.2 – Public Holidays;

•  Clause 15.1 – Annual Leave;

•  Clause 24.3.4 – Maternity Leave; and

•  Clause 24.4.2 – Adoption Leave.

However, noting the undertaking given by the employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 January 2021. The nominal expiry date of the Agreement is 26 July 2022.

COMMISSIONER

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Annexure A