Toll Transport Pty Ltd T/A Toll Shipping

[2021] FWCA 2505

[2021] FWCA 2505

FAIR WORK COMMISSION

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

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Annexure A