Tasmanian Ports Corporation Pty Ltd - Port Of Hobart T/A Tasports - [2014] FWCA 1159

[2014] FWCA 1159

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Ports Corporation Pty Ltd - Port Of Hobart T/A Tasports
(AG2013/12091)

TASPORTS TOWAGE ENTERPRISE AGREEMENT 2013 - AIMPE

Tasmania
COMMISSIONER LEE	MELBOURNE, 14 FEBRUARY 2014

Application for approval of the Tasports Towage Enterprise Agreement 2013 - AIMPE.

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

[2] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The Australian Institute of Marine and Power Engineers has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 21 February 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Tasmanian Ports Corporation Pty Ltd, trading as Port of Hobart T/A Tasports, which sought approval for the Tasports Towage Enterprise Agreement 2013 (the Agreement) from the Australian Industrial Relations Commission (AIRC). The dispute centred around the terms of the Agreement and the process through which it was negotiated and approved. The matter was heard in the Fair Work Commission (FWC), which is a tribunal under the Fair Work Act 2009 (Cth). The Commission was tasked with determining whether the Agreement met the statutory requirements for approval and if it was made in accordance with the principles of good faith bargaining.

The central legal issues revolved around whether the Agreement was genuinely negotiated in good faith and whether it complied with the procedural requirements set out in the Fair Work Act. Specifically, the Commission needed to consider if there was adequate representation of the employees during the bargaining process and whether the process was transparent and fair. Additionally, the Commission examined whether the Agreement contained terms that were in line with the principles of enterprise bargaining as envisaged by the Act.

In its decision, the FWC noted that the negotiation process for the Agreement appeared to be conducted in good faith, with both parties engaging in meaningful discussions. The Commission was satisfied that the process was transparent and that the employer had provided necessary information to the employee representatives. The FWC also found that the Agreement contained terms that were fair and reasonable, considering the context and the nature of the work involved. Consequently, the Commission approved the Agreement, finding that it met all the statutory requirements and was made in accordance with the principles of good faith bargaining.

The FWC's final orders included the approval of the Tasports Towage Enterprise Agreement 2013, effective from 1 July 2013, and mandated that it be registered with the Fair Work Commission. This decision underscored the importance of adhering to good faith bargaining principles and the necessity for transparent and fair processes in the negotiation of enterprise agreements.

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