Tasmania Ports Corporation Pty Ltd T/A Tasports
[2023] FWCA 185
•19 JANUARY 2023
| [2023] FWCA 185 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Tasmania Ports Corporation Pty Ltd T/A Tasports
(AG2022/5526)
TASMANIAN PORTS CORPORATION (TASPORTS) ENTERPRISE AGREEMENT 2022
| Port authorities | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 19 JANUARY 2023 |
Application for approval of the Tasmanian Ports Corporation (TasPorts) Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Tasmanian Ports Corporation (TasPorts) Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tasmania Ports Corporation Pty Ltd T/A Tasports. The Agreement is a single enterprise agreement.
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.
I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
The Australian Maritime Officers’ Union and the Construction, Forestry, Maritime, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2023. The nominal expiry date of the Agreement is 30 June 2023.
DEPUTY PRESIDENT
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