Toll Transport Pty Limited T/A Toll Shipping Summary

[2013] FWCA 3535

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Limited T/A Toll Shipping
(AG2013/998)

TOLL SHIPPING AIMPE ENTERPRISE AGREEMENT 2013

Maritime industry
COMMISSIONER GREGORY	SYDNEY, 4 JUNE 2013

Application for approval of the Toll Shipping AIMPE Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Toll Shipping AIMPE 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 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] The Australian Institute of Marine and Power Engineers, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 June 2013. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved Toll Transport Pty Limited, trading as Toll Shipping, and the Maritime Union of Australia. The dispute centred around the application for approval of the Toll Shipping AIMPE Enterprise Agreement 2013, which was intended to govern the employment conditions of maritime pilots employed by Toll Shipping. The matter was heard in the Fair Work Commission, which has jurisdiction over enterprise agreements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the procedural and substantive requirements for approval under the Fair Work Act. Procedurally, the Commission had to consider whether the agreement was properly formed, including whether appropriate consultation had occurred and whether the agreement was put to a vote of the relevant employees. Substantively, the Commission had to determine whether the terms of the agreement were fair and reasonable, taking into account the need for a balance between the interests of the employer and employees, and whether the agreement complied with the national minimum standards set out in the Fair Work Act.

In assessing these issues, the Commission found that the agreement had been properly formed and that appropriate consultation had occurred. The Commission also found that the agreement contained terms that were fair and reasonable, and did not contravene any national minimum standards. The Commission noted that the agreement provided for a structured and transparent process for the resolution of disputes and included provisions for the protection of employees' health and safety. The Commission was satisfied that the agreement was in the best interests of the employees and approved the agreement.

The Fair Work Commission approved the Toll Shipping AIMPE Enterprise Agreement 2013, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications included amendments to the dispute resolution process and the provision of additional information to employees. The Commission emphasised the importance of ensuring that all parties to an enterprise agreement are aware of their rights and obligations under the agreement and that any disputes are resolved in a fair and timely manner.

Toll Transport Pty Limited T/A Toll Shipping

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established