Toll Transport Pty Limited T/A Toll Shipping

[2013] FWCA 3805

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Limited T/A Toll Shipping
(AG2013/1058)

TOLL SHIPPING MELBOURNE STEVEDORING ENTERPRISE AGREEMENT 2013

Stevedoring industry
COMMISSIONER GREGORY	HOBART, 27 JUNE 2013

Application for approval of the Toll Shipping Melbourne Stevedoring Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Toll Shipping Melbourne Stevedoring Enterprise Agreement 2013 (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 have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] The Maritime Union of Australia, 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), 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 4 July 2013. The nominal expiry date of the Agreement is 19 November 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Toll Transport Pty Limited, trading as Toll Shipping, applied for approval of the Toll Shipping Melbourne Stevedoring Enterprise Agreement 2013. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval, including the compliance with procedural fairness and the Fair Work Act 2009. The dispute arose as the applicant sought to have the agreement recognised and enforced as a certified agreement, which would provide the necessary protections and conditions for the employees under its purview.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act and whether it contained the necessary provisions to ensure that it was a simple, fair, and portable agreement. This included examining whether the agreement had been genuinely negotiated between the parties and whether it provided for appropriate dispute resolution mechanisms. Additionally, the Commission considered whether the agreement complied with the National Employment Standards and other relevant provisions of the Fair Work Act.

The Fair Work Commission found that the agreement had been made in accordance with the procedural requirements and that it contained the necessary provisions to ensure that it was a simple, fair, and portable agreement. The Commission determined that the agreement had been genuinely negotiated and contained appropriate dispute resolution mechanisms. The Commission also found that the agreement complied with the National Employment Standards and other relevant provisions of the Fair Work Act. Accordingly, the Commission approved the agreement, which would now be recognised and enforced as a certified agreement.

The Fair Work Commission approved the Toll Shipping Melbourne Stevedoring Enterprise Agreement 2013, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications included the addition of a clause to ensure that the agreement could not be varied by an individual employer and the removal of a clause that was found to be in breach of the National Employment Standards. The modifications were made to ensure that the agreement met the necessary criteria for approval and provided appropriate protections and conditions for the employees under its purview.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established