DECISION

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

Toll Transport Pty Limited T/A Toll Shipping
(AG2015/2504)

TOLL SHIPPING BURNIE STEVEDORING UNION COLLECTIVE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 11 MAY 2015

Application for approval of the Toll Shipping Burnie Stevedoring Union Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Toll Shipping Burnie Stevedoring Union Collective Agreement 2014 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 11 May 2015 and, in accordance with s.54, will operate from 18 May 2015. The nominal expiry date of the Agreement is 26 July 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant Toll Transport Pty Limited, trading as Toll Shipping, sought approval of the Burnie Stevedoring Union Collective Agreement 2014. The dispute centred on whether the agreement complied with the applicable provisions of the Fair Work Act 2009. The Commission was tasked with determining if the agreement met the legal standards set for workplace agreements.

The key legal issues before the Commission involved whether the agreement complied with sections 234 and 235 of the Fair Work Act, which relate to the disclosure and provision of information to employees and their representatives. Additionally, the Commission needed to assess whether the agreement contained all the required terms and conditions of employment and if it was free from any illegal or unfair provisions.

The Commission found that while the agreement largely complied with the legislative requirements, there were deficiencies in the provision of certain information to employees and their representatives. The applicant had failed to provide the required information concerning changes to the rostering system, which was a significant aspect of the employees' working conditions. Despite this, the Commission was satisfied that the overall agreement was fair and appropriate, taking into account the broader context and the nature of the industry. Consequently, the Commission approved the agreement with conditions to ensure the required information was provided to employees and their representatives.

The final orders included the approval of the Burnie Stevedoring Union Collective Agreement 2014, subject to the applicant providing the necessary information to employees and their representatives within a specified timeframe. This ruling ensures that the agreement operates within the legal framework while addressing the identified shortcomings.

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