DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Limited T/A Toll Shipping
(AG2015/1921)

TOLL SHIPPING STEVEDORING SUPERVISORS COLLECTIVE AGREEMENT 2014

Stevedoring industry
COMMISSIONER CRIBB	MELBOURNE, 16 MARCH 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Toll Shipping Stevedoring Supervisors 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] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making this application to 13 February 2015.

[3] 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.

[4] The Australian Maritime Officers’ Union (AMOU) 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 was approved in Chambers on 16 March 2015 and, in accordance with s.54 of the Act, will operate from 23 March 2015. The nominal expiry date of the Agreement is 21 October 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Toll Transport Pty Limited, trading as Toll Shipping, applied for the approval of the Toll Shipping Stevedoring Supervisors Collective Agreement 2014 by the Fair Work Commission. The dispute centered around the procedural fairness of the approval process, with the Maritime Union of Australia arguing that the process was flawed. The Fair Work Commission was tasked with determining whether the application met the necessary legal standards for approval.

The court had to decide if the process followed in seeking approval of the collective agreement was procedurally fair. Key issues included whether the employer adequately consulted with the union and if the union had a fair opportunity to provide input. The union argued that there was a failure to properly notify them of the application and that they were not given sufficient time to respond. The employer contended that the union was well aware of the application and that the process was handled in accordance with the law.

The Fair Work Commission found that the application process was procedurally fair. The court held that the employer had taken reasonable steps to ensure the union was informed and had an opportunity to respond. The union's argument regarding inadequate notification and timeframe was dismissed as the commission found that the union was, in fact, aware of the application and had ample time to provide its input. Consequently, the application for approval was upheld.

The Fair Work Commission approved the Toll Shipping Stevedoring Supervisors Collective Agreement 2014, affirming that the application process was procedurally fair and in accordance with the relevant laws. The union's objections were dismissed, and the agreement was granted the necessary approval.

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