DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Toll Shipping
(AG2016/7289)

TOLL SHIPPING MELBOURNE STEVEDORING ENTERPRISE AGREEMENT 2015

Stevedoring industry
COMMISSIONER ROE	MELBOURNE, 16 DECEMBER 2016

Application for approval of the Toll Shipping Melbourne Stevedoring Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Toll Shipping Melbourne Stevedoring Enterprise Agreement 2015 (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] 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 16 December 2016 and, in accordance with s.54, will operate from 23 December 2016. The nominal expiry date of the Agreement is 19 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Toll Transport Pty Ltd trading as Toll Shipping, who applied for the approval of the Toll Shipping Melbourne Stevedoring Enterprise Agreement 2015. The application was made under the Fair Work Act 2009, with the Fair Work Commission as the relevant tribunal. The nature of the dispute centred around the terms and conditions outlined in the proposed enterprise agreement, which was to be applied to stevedores working at the Port of Melbourne.

The primary legal issue the Fair Work Commission had to address was whether the agreement met the requirements for being a "single interest employer agreement" as defined in the Fair Work Act. This classification is crucial as it dictates the process and criteria for the approval of the agreement. The Commission also had to ensure that the agreement was made in good faith and did not unfairly discriminate against employees. Additionally, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment.

In its reasoning, the Commission examined the negotiation process, the content of the agreement, and the impact on the employees. It found that the agreement was indeed a single interest employer agreement and was made in good faith. The Commission concluded that the agreement provided for fair and reasonable terms and conditions, considering the specific nature of the stevedoring industry and the operational requirements at the Port of Melbourne. The Fair Work Commission approved the agreement, finding it to be compliant with the statutory requirements and beneficial for the parties involved.

The final order of the Fair Work Commission was the approval of the Toll Shipping Melbourne Stevedoring Enterprise Agreement 2015, effective from the date of the decision. This approval allowed the agreement to be binding on the employees and the employer, providing a clear framework for their employment terms and conditions.

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