DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Tasco Carriers Pty Ltd
(AG2015/2182)

TASCO CARRIERS BULK TANKER OPERATIONS AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 5 MAY 2015

Application for approval of the Tasco Carriers Bulk Tanker Operations Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Tasco Carriers Bulk Tanker Operations Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Tasco Carriers Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 1 May 2015 undertakings were provided by Ms E Sage, Human Resources Manager of the Company, in relation to clauses 4.2, 6, 12.1 and 37 of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 May 2015. The nominal expiry date of the Agreement is 4 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved Tasco Carriers Pty Ltd, who sought approval of the Tasco Carriers Bulk Tanker Operations Agreement 2015. This application was brought before the court to ensure that the agreement met the necessary regulatory standards and compliance requirements. The nature of the dispute centred around the interpretation and validation of the agreement against the criteria set forth by the relevant regulatory authority.

The primary legal issue the court had to address was whether the agreement in question complied with the necessary provisions and conditions outlined in the applicable regulations. This required a thorough examination of the terms of the agreement and their alignment with regulatory expectations. The court also had to consider whether there were any procedural deficiencies in the application process that could affect the approval of the agreement.

In reaching its decision, the court meticulously reviewed the content of the agreement and the relevant regulatory framework. The court found that the agreement met all the necessary criteria and there were no procedural flaws in the application. Consequently, the court approved the Tasco Carriers Bulk Tanker Operations Agreement 2015, affirming its compliance with the relevant regulations. This decision was made in the interest of ensuring that Tasco Carriers could operate within the legal parameters set by the regulatory authority.

Tasco Carriers 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