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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Toll Transport Pty Limited trading as Toll Shipping, the applicant sought approval of the Toll Shipping/Australian Maritime Officers Union Seagoing Enterprise Agreement 2019. The Australian Maritime Officers Union, the respondent, contested the approval, raising concerns over several aspects of the proposed agreement. The Fair Work Commission was the court tasked with resolving this dispute.

The primary legal issue before the Commission was whether the provisions of the proposed enterprise agreement complied with the relevant industrial relations laws. Specifically, the respondent challenged the agreement's provisions regarding the classification of employees, the conditions of employment, and the dispute resolution mechanisms. The Commission had to determine whether the agreement was fair and reasonable and met the criteria for approval under the Fair Work Act 2009.

The Commission considered the evidence and submissions from both parties and examined the agreement's provisions in detail. It found that the agreement was fair and reasonable in all respects, and that it met the criteria for approval. The Commission noted that the agreement provided for appropriate classification of employees, and that the conditions of employment were consistent with industry standards. Furthermore, the dispute resolution mechanisms were considered to be fair and effective. Based on this analysis, the Commission approved the Toll Shipping/Australian Maritime Officers Union Seagoing Enterprise Agreement 2019.

The Fair Work Commission approved the Toll Shipping/Australian Maritime Officers Union Seagoing Enterprise Agreement 2019, dismissing the respondent's objections. The Commission found that the agreement was fair and reasonable, and met the criteria for approval under the Fair Work Act 2009. The agreement is now in effect, governing the employment conditions of the parties involved.

Toll Transport Pty Limited t/a Toll Shipping

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established