Tasmanian Ports Corporation Pty Ltd

[2023] FWCA 290

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tasmanian Ports Corporation Pty Ltd

(AG2023/21)

TASMANIAN PORTS CORPORATION TOWAGE (ENGINEERS) ENTERPRISE AGREEMENT 2022

Maritime industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 JANUARY 2023

Application for approval of the Tasmanian Ports Corporation Towage (Engineers) Enterprise Agreement 2022

Tasmanian Ports Corporation Pty Ltd has made an application for approval of an enterprise agreement known as the Tasmanian Ports Corporation Towage (Engineers) Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Australian Institute of Marine and Power Engineers (AIMPE), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the AIMPE.

The Agreement was approved on 30 January 2023 and, in accordance with s 54, it will operate from 6 February 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 matter before the Fair Work Commission involved an application by the Tasmanian Ports Corporation to have the Towage (Engineers) Enterprise Agreement 2022 approved. The dispute arose from negotiations between the corporation and its employees, specifically the engineers, regarding their employment terms and conditions. The Fair Work Commission was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act, including whether it provided for minimum terms and conditions, the process by which it was negotiated, and whether it included appropriate provisions for dispute resolution. The Commission also needed to assess whether the agreement was in the best interests of the employees and the corporation, taking into account the principles of good faith bargaining and procedural fairness.

The Commission found that the agreement met all necessary statutory requirements and was negotiated in good faith. It provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters. The Commission also noted that the agreement contained appropriate dispute resolution mechanisms that would enable efficient and effective resolution of any future disputes. Given these findings, the Commission concluded that the agreement was in the best interests of both the employees and the corporation. As a result, the Commission approved the Towage (Engineers) Enterprise Agreement 2022.

The Fair Work Commission ordered that the Towage (Engineers) Enterprise Agreement 2022 be approved and registered. The agreement was to take effect from the date of the Commission's decision, and all parties were directed to comply with its terms. The Commission also noted that any future disputes regarding the agreement would be subject to the dispute resolution provisions contained within the agreement itself. This decision provided clarity and certainty for both the Tasmanian Ports Corporation and its employees, ensuring that the agreement would govern their employment relationship moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established