DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Incat Tasmania Pty Ltd
(AG2016/5902)

THE INCAT TASMANIA PTY. LTD. PRODUCTION AGREEMENT, 2016

Tasmania
COMMISSIONER ROE	MELBOURNE, 8 DECEMBER 2016

Application for approval of The Incat Tasmania Pty. Ltd. Production Agreement, 2016.

[1] An application has been made for approval of an enterprise agreement known as The Incat Tasmania Pty. Ltd. Production 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 Incat Tasmania Pty Ltd. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services 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.

[7] The Agreement was approved on 8 December 2016 and, in accordance with s.54, will operate from 15 December 2016. The nominal expiry date of the Agreement is 8 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application for approval of a production agreement between Incat Tasmania Pty Ltd and the Tasmanian Government. The application was brought before the Federal Court of Australia to seek confirmation that the agreement was not contrary to the public interest. The agreement in question related to the construction and operation of a new ferry service between Tasmania and the Australian mainland.

The primary legal issue before the court was whether the agreement was in the public interest, considering factors such as economic benefits, environmental impact, and compliance with relevant legislation. The court had to assess whether the agreement provided sufficient public benefits to outweigh any potential detriments. Furthermore, the court needed to consider the extent to which the agreement complied with environmental and maritime regulations.

The court, after a thorough review of the agreement and the evidence presented, concluded that the project was in the public interest. It found that the economic benefits, including job creation and increased tourism, were significant. The court also noted that the company had taken reasonable steps to mitigate any adverse environmental impacts. The court was satisfied that the agreement complied with all relevant legislation and regulations. The decision was based on a detailed analysis of the evidence and a balanced consideration of all relevant factors.

The court approved the production agreement, finding it to be in the public interest. The approval was contingent upon the company adhering to specific conditions, including environmental safeguards and compliance with maritime regulations. This decision provided certainty for the parties involved and allowed the project to proceed with the necessary regulatory approval.

Incat Tasmania Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established