Toll Transport Pty Ltd

[2019] FWCA 7318

[2019] FWCA 7318

FAIR WORK COMMISSION

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

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Annexure A