Toll Transport Pty Limited t/a Toll Shipping

[2019] FWCA 7240

[2019] FWCA 7240

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Limited t/a Toll Shipping
(AG2019/3578)

TOLL SHIPPING/AUSTRALIAN MARITIME OFFICERS UNION SEAGOING ENTERPRISE AGREEMENT 2019

Maritime industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 18 OCTOBER 2019

Application for approval of the Toll Shipping/Australian Maritime Officers Union Seagoing Enterprise Agreement 2019.

[1] Toll Shipping has applied for approval of a single enterprise agreement known as the Toll Shipping/Australian Maritime Officers Union Seagoing Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application and whether: the pre-approval requirements were met, the Agreement contravenes s.55 of the Act, passes the “better off overall” test and contains the mandatory terms. Further information was provided in relation to these concerns.

[3] The Applicant sought to correct an error in the original application, by filing an amended Agreement signature page. In the circumstances, I am satisfied that this correction should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] A written undertaking was given in accordance with s.190 of the Act (attached at Annexure A) (Undertaking). The bargaining representative supported the Undertaking. I am satisfied that the Undertaking will not cause financial detriment to any employee covered by the Agreement and that the Undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertaking is taken to be a term of the Agreement.

[5] The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) (the Regulations) is taken to be a term of the Agreement, pursuant to s.202(4) of the Act.

[6] The model consultation term prescribed by the Regulations is taken to be a term of the Agreement, pursuant to s.205(2) of the Act.

[7] On the basis of the material contained in the application, further information provided on request of the Commission, amended Agreement signature page and the Undertaking, 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.

[8] The Australian Maritime Officers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[9] The Agreement was approved on 18 October 2019 and, in accordance with s.54, will operate from 25 October 2019. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

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Annexure A