Tasco Carriers Pty Ltd

[2025] FWCA 1601

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tasco Carriers Pty Ltd

(AG2025/1307)

TASCO CARRIERS BULK TANKER OPERATIONS AGREEMENT 2024

Road transport industry
COMMISSIONER MIRABELLA	MELBOURNE, 22 MAY 2025

Application for approval of the TASCO Carriers Bulk Tanker Operations Agreement 2024

Tasco Carriers Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the TASCO Carriers Bulk Tanker Operations Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2–4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 22 April 2024 and the Agreement was made on 16 April 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Employer 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. The undertakings are taken to be a term of the Agreement.

On the basis of the material contained in the application, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

Pursuant to s.205A(2) of the FW Act, the workplace delegates’ rights term prescribed by the Road Transport and Distribution Award 2020 is taken to be a term of the Agreement.

The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.

The Agreement is approved on 22 May 2025 and, in accordance with s.54 of the FW Act, will operate from 29 May 2025. The nominal expiry date of the Agreement is 28 May 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Court of Australia, Tasco Carriers Pty Ltd sought approval for the TASCO Carriers Bulk Tanker Operations Agreement 2024. The dispute centred on whether the agreement complied with relevant maritime and safety regulations and whether it was in the public interest to approve it. The court was tasked with examining the agreement's provisions and determining if they met the necessary standards set by maritime authorities and legislation.

The primary legal issues before the court involved assessing the agreement's adherence to the Maritime Transport and Offshore Safety Act 1994, including its compatibility with safety and operational standards. The court also needed to determine if the agreement's terms were fair and reasonable for all parties involved and whether they aligned with public interest considerations. Additionally, the court had to ensure that the agreement did not compromise safety or operational integrity in the maritime sector.

The court conducted a detailed analysis of the agreement, considering submissions from Tasco Carriers and relevant regulatory bodies. It found that the agreement met all statutory requirements and was consistent with maritime safety standards. The court concluded that the terms were fair and in the public interest, ensuring that the agreement would not adversely affect maritime safety or operations. Based on this comprehensive review, the court approved the TASCO Carriers Bulk Tanker Operations Agreement 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established