DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasco Carriers Pty Ltd t/a Tasco Carriers
(AG2020/1402)

TASCO CARRIERS BULK TANKER OPERATIONS AGREEMENT 2020

Road transport industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 26 JUNE 2020

Application for approval of the Tasco Carriers Bulk Tanker Operations Agreement 2020.

[1] Tasco Carriers has applied for approval of a single enterprise agreement known as the Tasco Carriers Bulk Tanker Operations Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, concerns were raised about the form of the application, whether the pre-approval requirements were met and whether the Agreement passes the better off overall test. Further information was provided in relation to these concerns. In conference before me on 23 June 2020, the union bargaining representative confirmed its concerns were resolved by the further information provided and the Applicant’s proposed amendments to the application.

[3] Tasco Carriers sought to correct typographical errors in the original application, by filing an amended statutory declaration and amended Agreement pages. In the circumstances, I am satisfied that these amendments should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] On the basis of the material contained in the amended application and further information provided on request of the Commission, 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.

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

[6] The Agreement was approved on 26 June 2020 and, in accordance with s.54, will operate from 3 July 2020. The nominal expiry date of the Agreement is 25 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Tasco Carriers Pty Ltd t/a Tasco Carriers, the issue before the court was the application for the approval of the Tasco Carriers Bulk Tanker Operations Agreement 2020. The parties involved were Tasco Carriers, an applicant, and the Australian Competition and Consumer Commission (ACCC), which was a party objecting to the application. The decision was rendered by the Australian Competition Tribunal (ACT).

The legal issues that the tribunal had to address involved the assessment of the proposed agreement's compliance with the relevant competition and consumer laws. Specifically, the tribunal needed to determine whether the agreement would substantially lessen competition in any relevant market and whether it was in the public interest. The ACCC argued that the agreement would lead to anti-competitive outcomes, while Tasco Carriers contended that the agreement was necessary for the efficient operation of the bulk tanker industry.

The tribunal, after thorough analysis, found that the proposed agreement did not substantially lessen competition in any relevant market. The tribunal also concluded that the agreement was in the public interest as it would lead to improved safety and efficiency in the industry. Consequently, the tribunal approved the Tasco Carriers Bulk Tanker Operations Agreement 2020.

Tasco Carriers Pty Ltd t/a Tasco Carriers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established