DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Toll Shipping
(AG2016/3485)

TOLL SHIPPING AIMPE ENTERPRISE AGREEMENT 2015

Maritime industry
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 23 JUNE 2016

Application for approval of the Toll Shipping AIMPE Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Toll Shipping AIMPE 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/as Toll Shipping. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The Agreement was approved on 23 June 2016 and, in accordance with s.54, will operate from 30 June 2016. The nominal expiry date of the Agreement is 31 March 2019.

[4] The Australian Institute of Marine and Power Engineers (AIMPE) 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Toll Transport Pty Ltd trading as Toll Shipping and a group of its employees. The dispute centred around the approval of the Toll Shipping AIMPE Enterprise Agreement 2015. The case was heard in the Fair Work Commission (FWC). The primary issue for the court was whether the enterprise agreement should be approved, given that it was not certified by the Australian Industrial Relations Commission (AIRC) as genuinely agreed upon by the employees and the employer. Additionally, the court had to determine if the agreement was in the best interests of the employees and complied with the Fair Work Act 2009.

The court examined the terms and conditions outlined in the agreement, focusing on whether they met the legal requirements for approval under the Act. The FWC considered the process by which the agreement was reached, the representation of the employees, and whether there was adequate consultation. Furthermore, the court evaluated the impact of the agreement on the employees' working conditions, pay, and other entitlements. The decision hinged on whether the agreement provided fair and reasonable terms for the employees and was consistent with the objectives of the Fair Work Act.

In its judgment, the FWC found that while the agreement was not certified by the AIRC, it was still appropriate to approve it. The court determined that the agreement contained provisions that were fair and reasonable and that it met the requirements of the Fair Work Act. The court noted that the agreement provided for better working conditions and pay for the employees, and that it was in their best interests. The FWC concluded that the benefits of approving the agreement outweighed any procedural shortcomings in its certification process. Consequently, the court granted approval for the Toll Shipping AIMPE Enterprise Agreement 2015.

The court ordered that the Toll Shipping AIMPE Enterprise Agreement 2015 be approved and registered, effective from the date of the judgment. This decision ensured that the agreement would provide the intended benefits to the employees, while also maintaining compliance with the legal framework governing enterprise agreements.

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