DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd
(AG2018/698)

TOLL MARITIME OFFSHORE MUA INTEGRATED RATINGS, COOKS, CATERERS AND SEAFARERS (MARITIME OFFSHORE OIL AND GAS INDUSTRY) ENTERPRISE AGREEMENT 2017

Maritime industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 JUNE 2018

Application for approval of the Toll Maritime Offshore MUA Integrated Ratings, Cooks, Caterers and Seafarers (Maritime Offshore Oil and Gas Industry) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Toll Maritime Offshore MUA Integrated Ratings, Cooks, Caterers and Seafarers (Maritime Offshore Oil and Gas Industry) Enterprise Agreement 2017 (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 Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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 wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2018. The nominal expiry date of the Agreement is 7 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Toll Transport Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The agreement sought to cover maritime workers employed in the offshore oil and gas industry. The Fair Work Commission was required to determine whether the agreement provided for the proper management of the workplace and whether it was free from provisions that would have an adverse effect on employees' working conditions. The Commission found that the agreement provided for the proper management of the workplace and was free from provisions that would have an adverse effect on employees' working conditions. The Commission also found that the agreement was in the best interests of the employees. The Commission approved the enterprise agreement, noting that it provided a number of benefits to employees, including the establishment of a single classification for all maritime workers employed in the offshore oil and gas industry. The Commission also noted that the agreement provided for the proper management of the workplace and was free from provisions that would have an adverse effect on employees' working conditions. The Fair Work Commission approved the enterprise agreement, finding that it provided for the proper management of the workplace and was in the best interests of the employees.

Toll Transport Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established