Toll Transport Pty Ltd T/A Toll Shipping

[2020] FWCA 3588

[2020] FWCA 3588

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Toll Shipping
(AG2020/1512)

TOLL SHIPPING MELBOURNE STEVEDORING ENTERPRISE AGREEMENT 2019

Stevedoring industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 9 JULY 2020

Application for approval of the Toll Shipping Melbourne Stevedoring Enterprise Agreement 2019.

[1] Toll Transport Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Toll Shipping Melbourne Stevedoring Enterprise Agreement 2019 (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, 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] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I observe that clauses 14, 22 and 29 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the undertaking provided, 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 Construction, Forestry, Maritime, Mining and Energy Union – The Maritime Union of Australia Division, 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.

[7] The Agreement was approved on 9 July 2020 and, in accordance with s 54, will operate from 16 July 2020. The nominal expiry date of the Agreement is 20 November 2023.

DEPUTY PRESIDENT

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Annexure A