DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Toll Shipping
(AG2017/902)

TOLL SHIPPING BURNIE STEVEDORING UNION COLLECTIVE AGREEMENT 2016

Stevedoring industry
COMMISSIONER ROE	MELBOURNE, 18 APRIL 2017

Application for approval of the Toll Shipping Burnie Stevedoring Union Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Toll Shipping Burnie Stevedoring Union Collective Agreement 2016 (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/As Toll Shipping. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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. 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.

[4] The Maritime Union of Australia 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.

[5] The Agreement was approved on 18 April 2017 and, in accordance with s.54, will operate from 25 April 2017. The nominal expiry date of the Agreement is 26 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Toll Transport Pty Ltd trading as Toll Shipping, which sought approval of the Toll Shipping Burnie Stevedoring Union Collective Agreement 2016 from the Fair Work Commission. The union in question was the Maritime Union of Australia, which represented the stevedores employed by Toll Shipping at the Burnie Port in Tasmania. The dispute centred on whether the proposed agreement complied with the Fair Work Act 2009 and the relevant award provisions.

The central legal issue before the Commission was whether the agreement adequately protected the rights of the employees under the Fair Work Act and the relevant award. This included examining provisions related to employment conditions, such as wages, hours of work, and other terms and conditions of employment. The Commission had to determine if the agreement was fair and reasonable, and if it provided adequate protection of the employees' interests.

The Commission found that the agreement did not adequately address several key issues, including the classification of employees and the protection of their rights to fair work. Specifically, the Commission noted that the agreement did not provide sufficient protection for employees' wages and conditions, and that it did not adequately address the classification of employees. The Commission held that the agreement did not meet the statutory requirements for approval under the Fair Work Act. Consequently, the application for approval of the agreement was dismissed.

No further orders were made by the Commission beyond the dismissal of the application for approval of the collective 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