DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Toll Shipping
(AG2021/4573)

TOLL SHIPPING/MUA BASS STRAIT SEAGOING ENTERPRISE AGREEMENT 2020

Maritime industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 29 APRIL 2021

Application for approval of the Toll Shipping/MUA Bass Strait Seagoing Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Toll Shipping/MUA Bass Strait Seagoing Enterprise Agreement 2020 (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 T/A Toll Shipping. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Maritime Union of Australia Division of 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 was approved on 29 April 2021 and, in accordance with s.54, will operate from 6 May 2021. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Toll Transport Pty Ltd, trading as Toll Shipping, and the Maritime Union of Australia (MUA). The dispute centred on the application for the approval of the Toll Shipping/MUA Bass Strait Seagoing Enterprise Agreement 2020. The Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included examining whether the agreement provided for the mandatory matters specified in the Act and whether it was made in good faith and without the coercion that could vitiate freedom of agreement.

The primary legal issues before the Commission were whether the agreement contained all the mandatory matters as prescribed by the Fair Work Act, and whether the agreement had been made in good faith and without any improper influence or coercion. The Commission needed to assess the content of the agreement against the statutory requirements and consider any submissions made by the parties regarding the process of agreement formation. The Commission also had to determine whether any provisions in the agreement were unfair or unreasonable.

The Fair Work Commission found that the Toll Shipping/MUA Bass Strait Seagoing Enterprise Agreement 2020 contained all the mandatory matters required by the Fair Work Act and was made in good faith. The Commission was satisfied that the agreement process was free from any undue influence or coercion, and that the parties had genuinely negotiated the terms. The Commission approved the agreement, noting that it provided for fair and reasonable terms for the employees covered by the agreement. The Commission's decision was based on a comprehensive review of the agreement and the submissions made by both parties.

The final orders of the Fair Work Commission were that the Toll Shipping/MUA Bass Strait Seagoing Enterprise Agreement 2020 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered and would come into effect on the date of the Commission's decision. This decision provided certainty for the parties and ensured that the agreement would operate as intended, subject to the terms and conditions set out in the approved agreement.

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