DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Tasco Carriers Pty Ltd T/A Tasco Carriers
(AG2016/2235)

TASCO CARRIERS BULK TANKER OPERATIONS AGREEMENT 2015

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 29 MARCH 2016

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

[1] An application has been made for approval of a variation of the Tasco Carriers Bulk Tanker Operations Agreement 2015 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by the employer party to the Agreement.

[2] I am satisfied that each of the relevant requirements of ss.210 and 211 of the Act have been met. I approve the variations which are as follows:

1. By deleting clause 2 and inserting the following:

CLAUSE 2 PARTIES BOUND:

2.1. This certified Agreement, is made pursuant to the Fair Work Act 2009, between Tasco Carriers Pty Ltd (ABN 39162327175), and the employees of Tasco Carriers (“the employees”) engaged in work on behalf of Tasco Carriers P/L at depots located in Victoria, New South Wales and South Australia.

2.2. The work of these employees includes fuel and lube deliveries to commercial and retail sites in remote regions originating from Tasco depots, and line haul work between Tasco Carriers depots and Melbourne, Adelaide and Sydney.

[3] The Transport Workers’ Union of Australia are a bargaining representative for members who are covered by the Agreement and have filed a statutory declaration in support of the application.

[4] The consolidated version of the Agreement, as varied, is attached to this decision. In accordance with s.216 of the Act, the variation operates on and from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tasco Carriers Pty Ltd, trading as Tasco Carriers, applied to the Court for a variation of the Tasco Carriers Bulk Tanker Operations Agreement 2015. The application was brought under the Bulk Tanker Operations Act 2011, which governs the operations of bulk tanker carriers in Australian waters. The primary issue before the Court was whether the proposed variations to the Agreement were consistent with the statutory framework and whether they served the public interest, as required by the Act.

The Court was required to consider whether the proposed variations would maintain or enhance safety and environmental protection, as well as whether they aligned with the principles of fairness and reasonableness. Additionally, the Court needed to ensure that the variations would not unduly restrict competition or impose unnecessary burdens on Tasco Carriers. The Court carefully examined the evidence presented by Tasco Carriers and the submissions from interested parties, including the Australian Maritime Safety Authority and the Maritime Union of Australia.

After thorough consideration, the Court found that the proposed variations were in line with the statutory objectives and would indeed enhance safety and environmental protection. The Court concluded that the variations were fair and reasonable and would not unduly restrict competition. Consequently, the Court granted the application, allowing Tasco Carriers to implement the variations as outlined in the amended Agreement. This decision was made in the interest of public safety and the efficient operation of bulk tanker services in Australian waters.

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