Tasmania Ports Corporation Pty Ltd T/A Tasports Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Tasmanian Ports Corporation (TasPorts) applied to the Fair Work Commission for approval of the Tasmanian Ports Corporation (TasPorts) Enterprise Agreement 2022. The applicant sought an approval order under section 234 of the Fair Work Act 2009, to ensure that the agreement would be deemed to be a registered agreement upon registration. The dispute arose as the applicant and the relevant unions, including Maritime Union of Australia (MUA) and Transport Workers Union (TWU), had reached an agreement but required the Commission's approval to finalise the process.

The primary legal issue the Commission had to decide was whether the proposed agreement met the criteria for approval under section 235 of the Fair Work Act 2009. This involved assessing if the agreement contained the minimum terms and conditions required by the Act, and if it provided for a fair and efficient workplace. Furthermore, the Commission had to consider whether the agreement was in the best interest of the employees and the employer, taking into account the overall economic context and the need to maintain industrial harmony.

The Commission found that the proposed agreement contained the minimum terms and conditions as required by the Act and provided for a fair and efficient workplace. The agreement balanced the interests of both the employer and the employees, taking into account the overall economic context and the need to maintain industrial harmony. The Commission also considered the submissions made by the parties and the evidence presented during the hearing. Based on this assessment, the Commission was satisfied that the agreement met the criteria for approval and was in the best interest of both parties. Consequently, the application for approval of the Tasmanian Ports Corporation (TasPorts) Enterprise Agreement 2022 was approved.

The final orders included the approval of the agreement, deeming it to be a registered agreement upon registration, and the agreement was to be registered in accordance with the provisions of the Fair Work Act 2009. The agreement would then be in effect from the date of registration, providing a framework for the terms and conditions of employment for the relevant employees.

Tasmania Ports Corporation Pty Ltd T/A Tasports

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established