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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Toll Transport Pty Limited, trading as Toll Shipping, and the Australian Maritime Officers Union. The dispute centred around the application for approval of the Toll Shipping/Australian Maritime Officers Union Seagoing Collective Agreement 2015. The case was heard in the Fair Work Commission, a body established under the Fair Work Act 2009 to resolve workplace disputes and ensure fair employment practices.

The primary legal issues the court had to address were whether the collective agreement met the statutory requirements for approval and whether it adhered to the principles of good faith bargaining and fairness. Key points of contention included the agreement's provisions on wages, conditions, and other employment terms. The court had to examine whether these terms were reasonable in all respects and whether they were the product of genuine negotiations between the parties.

The Fair Work Commission found that the agreement largely complied with the statutory requirements and was the result of good faith bargaining. The court considered various factors, including the economic context, the bargaining positions of the parties, and the reasonableness of the agreement's terms. Ultimately, the Commission approved the agreement, acknowledging the need to balance the interests of both employers and employees in the maritime industry.

The final orders of the Commission included the approval of the Toll Shipping/Australian Maritime Officers Union Seagoing Collective Agreement 2015, subject to certain conditions and modifications to ensure fairness and compliance with the Fair Work Act. This decision underscored the importance of adhering to statutory requirements and the principles of good faith in collective bargaining processes.

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