DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Limited T/A Toll Tasmania Seaquip
(AG2020/3364)

TOLL TASMANIA SEAQUIP ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 5 FEBRUARY 2021

Application for approval of the Toll Tasmania Seaquip Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as Toll Tasmania Seaquip Enterprise Agreement 2020 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Act). It has been made by Toll Transport Pty Limited T/A Toll Tasmania Seaquip (Employer). The Agreement is a single enterprise Agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Construction, Forestry, Maritime, Mining and Energy Union being bargaining representatives for the Agreement have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), I note that the Agreement covers the organisations.

[5] The Agreement is approved and in accordance with s 54 of the Act will operate from 12 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Toll Transport Pty Limited T/A Toll Tasmania Seaquip sought approval for the Toll Tasmania Seaquip Enterprise Agreement 2020. The application was made to the Fair Work Commission, which was required to consider whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The legal issues revolved around whether the agreement provided for fair and reasonable terms and conditions of employment, and if it was negotiated in good faith.

The Fair Work Commission examined the provisions of the agreement, including the terms of employment, pay rates, hours of work, and other conditions. It also considered the process by which the agreement was negotiated and whether it was done in good faith. The Commission noted that the agreement had been negotiated between the employer and a majority of the employees, and that there had been a genuine attempt to reach a consensus. The Court found that the agreement met the necessary criteria for approval, as it provided for fair and reasonable terms and conditions of employment, and was negotiated in good faith.

Based on the evidence presented, the Fair Work Commission approved the Toll Tasmania Seaquip Enterprise Agreement 2020. The agreement was deemed to be a lawful and valid enterprise agreement under the Fair Work Act 2009. The Court's decision recognised the importance of enterprise agreements in facilitating good faith negotiations between employers and employees, and promoting fair and reasonable terms of employment. The Court's approval of the agreement will provide certainty and stability to the employees and employer, and help to maintain industrial harmony in the workplace.

Toll Transport Pty Limited T/A Toll Tasmania Seaquip

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established