DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Toll Shipping
(AG2021/4533)

TOLL SHIPPING / AIMPE ENTERPRISE AGREEMENT 2020

Maritime industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 7 MAY 2021

Application for approval of the Toll Shipping / AIMPE Enterprise Agreement 2020.

[1] Toll Transport Pty Ltd T/A Toll Shipping (the Employer) has made an application for approval of an enterprise agreement known as the Toll Shipping / AIMPE 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] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, and on the basis of the material contained in the application, and 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] I observe that clauses 16.1(a), 19.1(c), 20.1 and 29 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the undertaking at Annexure A, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Institute of Marine & Power Engineers, 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 7 May 2021 and, in accordance with s 54, will operate from 14 May 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Toll Transport Pty Ltd, trading as Toll Shipping, applied to the Fair Work Commission for approval of the Toll Shipping/AIMPE Enterprise Agreement 2020. AIMPE is a trade union representing maritime workers, and the enterprise agreement in question was negotiated between Toll Shipping and the union. The dispute centred around the terms and conditions of employment, including wages, hours, and other workplace provisions, as outlined in the proposed agreement.

The key legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, particularly whether it provided for fair and reasonable terms and conditions, and whether it was made in good faith. Additionally, the Commission considered whether the agreement appropriately balanced the interests of both the employer and the employees, ensuring that it complied with the relevant industrial laws and provisions.

In reaching its decision, the Commission examined the negotiation process and the content of the agreement. It considered the fairness of the proposed terms and conditions, the input from both parties, and the overall impact on the employees. The Commission concluded that the agreement was made in good faith and that the terms were fair and reasonable. It found that the agreement met the statutory requirements and appropriately balanced the interests of both parties. Consequently, the Commission approved the Toll Shipping/AIMPE Enterprise Agreement 2020.

The final orders of the Commission were that the Toll Shipping/AIMPE Enterprise Agreement 2020 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement are legally binding on both Toll Shipping and the employees represented by AIMPE.

Toll Transport Pty Ltd T/A Toll Shipping

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established