Toll Transport Pty Limited T/A Toll Shipping

[2015] FWCA 4276

[2015] FWCA 4276

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Toll Transport Pty Limited T/A Toll Shipping
(AG2015/2903)

TOLL SHIPPING /AUSTRALIAN MARITIME OFFICERS UNION SEAGOING COLLECTIVE AGREEMENT 2015

Maritime industry
COMMISSIONER HAMPTON	ADELAIDE, 25 JUNE 2015

Application for approval of the Toll Shipping /Australian Maritime Officers Union Seagoing Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Toll Shipping /Australian Maritime Officers Union Seagoing Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Toll Transport Pty Limited T/A Toll Shipping. The Agreement is a single-enterprise agreement.

[2] 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. In so finding I note that the dispute resolution provision in clause 9 is broad enough to include disputes about the NES and matters arising under the Agreement.

[3] The Agreement does not contain a consultation term which meets the requirements of s.205(1)(a)(ii) of the Act in that it does not address changes in to employees’ regular roster or ordinary hours of work. Accordingly, pursuant to s.205(2), the model consultation term is taken to be a term of the Agreement.

[4] The Australian Maritime Officers’ Union, 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 July 2015. The nominal expiry date of the Agreement is 31 March 2019.

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