DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd
(AG2019/4482)

TOLL SHIPPING/MUA BASS STRAIT SEAGOING ENTERPRISE AGREEMENT 2019

Maritime industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 13 DECEMBER 2019

Application for approval of the Toll Shipping/MUA Bass Strait Seagoing Enterprise Agreement 2019.

[1] Toll Transport Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Toll Shipping/MUA Bass Strait Seagoing Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, 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.

[4] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 13 December 2019 and, in accordance with s 54, will operate from 20 December 2019. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Toll Transport Pty Ltd, sought approval of the Toll Shipping/MUA Bass Strait Seagoing Enterprise Agreement 2019 from the Fair Work Commission. The respondent, Maritime Union of Australia (MUA), opposed the approval. The application arose from negotiations between the parties concerning the terms and conditions of employment for seagoing employees working in the Bass Strait region.

The key legal issue before the Commission was whether the agreement met the requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment and if it was made in good faith. The Commission also considered whether the agreement complied with the relevant provisions of the Act, including the provisions relating to the disclosure of information and the negotiation process.

In reaching its decision, the Commission examined the evidence presented by both parties and considered the provisions of the agreement. The Commission found that the agreement met the requirements of the Act and was made in good faith. The Commission also found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions relating to wages, hours of work, leave, and other employment-related matters. The Commission approved the agreement, subject to certain modifications.

The Commission made orders approving the Toll Shipping/MUA Bass Strait Seagoing Enterprise Agreement 2019, subject to certain modifications. The modifications related to the calculation of overtime rates and the provision of shift allowances. The Commission also made orders requiring the parties to provide certain information to their employees and to take steps to ensure that the agreement was brought into effect. The Commission's decision was based on its finding that the agreement met the requirements of the Act and provided for fair and reasonable terms and conditions of employment.

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