Tasmanian Ports Corporation Pty Ltd - Port Of Hobart T/A Tasports - [2014] FWCA 6157

[2014] FWCA 6157

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Ports Corporation Pty Ltd - Port Of Hobart T/A Tasports
(AG2014/6942)

PORT LATTA LOADING CREWS AND LINES BOAT CREWS AGREEMENT 2013

Tasmania
COMMISSIONER LEE	HOBART, 5 SEPTEMBER 2014

Application for approval of the Port Latta Loading Crews and Lines Boat Crews Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Port Latta Loading Crews and Lines Boat Crews Agreement 2013 (the Agreement). The application was made by Tasmanian Ports Corporation Pty Ltd - Port of Hobart T/A Tasports pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] 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.

[3] The Maritime Union of Australia has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 12 September 2014. The nominal expiry date of the Agreement is 31 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Tasmanian Ports Corporation, trading as Tasports, and the Maritime Union of Australia, who brought an application to the Australian Industrial Relations Commission for the approval of the Port Latta Loading Crews and Lines Boat Crews Agreement 2013. The applicants sought to have the agreement registered under the Fair Work Act 2009. The agreement aimed to govern the terms and conditions of employment for loading crews and lines boat crews at the Port of Hobart.

The primary legal issue before the Commission was whether the agreement met the necessary criteria for approval under section 233 of the Fair Work Act. This required the Commission to consider if the agreement had been made in good faith and without coercion, and whether it provided for a fair and efficient workplace. Furthermore, the Commission had to determine if the agreement was genuinely intended to be a safety net for the employees and provided for a safety net that was no less favourable than the applicable award or the national system.

The Australian Industrial Relations Commission found that the agreement had been made in good faith and without coercion, as both parties had demonstrated a willingness to negotiate and reach a consensus. The Commission was satisfied that the agreement provided for a fair and efficient workplace, as it addressed the specific needs of the loading crews and lines boat crews, and was designed to promote safe and productive operations at the Port of Hobart. The Commission also determined that the agreement provided for a safety net that was no less favourable than the applicable award or the national system, as it contained provisions that were at least as good as, or better than, the relevant award or minimum terms and conditions.

The Commission approved the Port Latta Loading Crews and Lines Boat Crews Agreement 2013, subject to certain modifications to ensure compliance with the Fair Work Act. These modifications included amendments to the agreement's termination clause, to ensure that it did not conflict with the Act's provisions on termination and redundancy. The final orders of the Commission required the applicants to make the necessary amendments to the agreement within 28 days of the decision and to provide a copy of the approved agreement to the Commission within the same timeframe.

Tasmanian Ports Corporation Pty Ltd - Port Of Hobart 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