DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd
(AG2019/3576)

TOLL SHIPPING AIMPE ENTERPRISE AGREEMENT 2019

Maritime industry
COMMISSIONER LEE	MELBOURNE, 23 OCTOBER 2019

Application for approval of the TOLL SHIPPING AIMPE ENTERPRISE AGREEMENT 2019.

[1] An application has been made for approval of an enterprise agreement known as the TOLL SHIPPING AIMPE ENTERPRISE AGREEMENT 2019 (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 Ltd. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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] 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.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 16.1(a) – Leave Accrual

• Clause 19.1(c) and (d) – Personal Leave

• Clause 20.1 – Compassionate Leave

However, noting clause 1 of the Undertaking, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2019. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Toll Transport Pty Ltd applied to the Fair Work Commission for the approval of the TOLL SHIPPING AIMPE ENTERPRISE AGREEMENT 2019. The dispute arose from the need to formally recognise and regulate the terms and conditions of employment for employees within the shipping division of the company. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval, which included assessing whether the agreement provided for fair and reasonable terms and conditions and whether it was made in good faith.

The primary legal issues before the court were whether the agreement adequately represented the interests of the employees and whether it contained all the mandatory terms as required by the Fair Work Act 2009. The court also needed to consider if the agreement was made without any improper influence or coercion. The validity of the agreement hinged on the proper process of consultation and negotiation between the employer and the employees' representatives.

The Fair Work Commission found that the agreement was made in good faith and without any improper influence. The court held that the agreement adequately reflected the terms and conditions of employment and provided for fair and reasonable terms. Additionally, the Commission determined that all mandatory terms were included and that the process of consultation and negotiation was appropriate and comprehensive. Consequently, the application for approval of the TOLL SHIPPING AIMPE ENTERPRISE AGREEMENT 2019 was successful. The agreement was approved as meeting the legal requirements for formal recognition and regulation of employment terms and conditions.

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