Toll Transport Pty Limited T/A Toll Tasmania Seaquip

[2021] FWCA 571

[2021] FWCA 571

FAIR WORK COMMISSION

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

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Annexure A