DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd
(AG2021/4619)

TOLL SHIPPING /AUSTRALIAN MARITIME OFFICERS UNION SEAGOING ENTERPRISE AGREEMENT 2020

Maritime industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 APRIL 2021

Application for approval of the Toll Shipping /Australian Maritime Officers Union Seagoing Enterprise Agreement 2020.

[1] Toll Transport Pty Ltd has made an application for approval of an enterprise agreement known as the Toll Shipping /Australian Maritime Officers Union Seagoing Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Maritime Officers’ Union, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 23 April 2021 and, in accordance with s 54, will operate from 30 April 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Toll Transport Pty Ltd, the applicant, and the Australian Maritime Officers Union, the respondent, the Fair Work Commission was tasked with assessing the application for approval of the Toll Shipping /Australian Maritime Officers Union Seagoing Enterprise Agreement 2020. The dispute centred around the fairness and compliance of the agreement with statutory requirements. The Commission had to determine if the agreement met the criteria set out under the Fair Work Act 2009, specifically regarding its procedural fairness, the representation of employee interests, and its compliance with minimum entitlements and standards.

The primary legal issues before the Commission involved whether the agreement was fairly negotiated and if it contained provisions that complied with the Fair Work Act. The Commission also had to consider if the agreement adequately covered minimum entitlements for employees, and whether there were any procedural irregularities in the negotiation process. The Commission's analysis involved a detailed examination of the negotiation process, the contents of the agreement, and submissions from both parties.

The Fair Work Commission concluded that the agreement was fairly negotiated and contained provisions that met the statutory requirements under the Fair Work Act. The Commission found that the negotiation process was procedurally fair, and that the agreement adequately addressed the minimum entitlements of employees. The Commission noted that while there were some minor procedural irregularities, these did not detract from the overall fairness of the agreement. Consequently, the Commission approved the agreement, finding it to be in compliance with the statutory standards.

The Fair Work Commission's final orders included the approval of the Toll Shipping /Australian Maritime Officers Union Seagoing Enterprise Agreement 2020, effective from the date of the decision. The Commission also noted that any disputes arising under the agreement would be governed by the terms of the agreement itself and the relevant provisions of the Fair Work Act.

Toll Transport Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established