Toll Transport Pty Ltd T/A Toll Shipping

[2017] FWCA 2145

[2017] FWCA 2145

FAIR WORK COMMISSION

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

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Annexure A