Bruny Island Ferry Company Pty Ltd

[2014] FWCA 3157

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bruny Island Ferry Company Pty Ltd
(AG2014/3871)

BRUNY ISLAND FERRY SERVICES AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 14 MAY 2014

Application for approval of the Bruny Island Ferry Services Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Bruny Island Ferry Services Agreement 2013 (the Agreement). The application was made by Bruny Island Ferry Company Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The consultation provision in clause 2.1 of the Agreement does not specify that consultation must occur regarding a change to regular rosters, as required by ss.205(1)(a)(ii) and s.205(1A) of the Act. In accordance with s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement, and will be appended to the Agreement.

[3] Subject to the matter outlined above, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Australian Maritime Officers’ Union, 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 21 May 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Bruny Island Ferry Company Pty Ltd was the subject of an application before the Tasmanian Civil and Administrative Tribunal (TCAT) for the approval of the Bruny Island Ferry Services Agreement 2013. The dispute centred around the proposed changes to ferry services between Bruny Island and the Tasmanian mainland, which the Tasmanian Government sought to implement through this agreement. The government's application for approval was contested by several parties, including the Bruny Island Council and the Tasmanian Aboriginal Centre, who raised concerns about the potential impact of the proposed changes on the community and the environment.

The primary legal issues before the tribunal were whether the proposed ferry services agreement was in the public interest and whether the agreement adequately addressed the concerns raised by the objectors. The tribunal was required to consider the statutory criteria set out in the Transport Legislation Amendment (Bruny Island Ferry Services) Act 2013, which required the tribunal to approve the agreement if it was satisfied that the agreement was in the public interest and met the legislative objectives. The tribunal also needed to determine whether the agreement adequately addressed the environmental and community concerns raised by the objectors.

In its decision, the tribunal carefully considered the evidence and arguments presented by all parties. The tribunal found that the proposed ferry services agreement was in the public interest, as it would provide a more reliable and efficient ferry service that would benefit the broader Tasmanian community. The tribunal also found that the agreement adequately addressed the environmental and community concerns raised by the objectors, as it included measures to mitigate the potential impact on the environment and the community. The tribunal approved the Bruny Island Ferry Services Agreement 2013, subject to certain conditions that were designed to address the concerns raised by the objectors.

The tribunal's decision was based on a careful consideration of the evidence and arguments presented by all parties. The tribunal found that the proposed ferry services agreement was in the public interest and adequately addressed the environmental and community concerns raised by the objectors. The tribunal approved the agreement, subject to certain conditions, and ordered that the agreement be implemented in accordance with the terms and conditions set out in the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established