Tasmanian Ports Corporation Pty Ltd T/A Tasports

[2025] FWC 226

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Tasmanian Ports Corporation Pty Ltd T/A Tasports

(AG2024/5021)

TASMANIAN PORTS CORPORATION MARINE PILOTS ENTERPRISE AGREEMENT 2024

Port authorities
DEPUTY PRESIDENT BOYCE	SYDNEY, 23 JANUARY 2025

Application for approval of the Tasmanian Ports Corporation Marine Pilots Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the Tasmanian Ports Corporation Marine Pilots Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Tasmanian Ports Corporation Pty Ltd T/A Tasports (Employer). The Agreement is a single enterprise agreement.

There was an issue raised by the Commission with the Employer regarding compliance with Items [15] and [16] of the statutory Statement of Principles on genuine agreement.[1] Having regard to the submissions of the Employer provided on 20 January 2025, I find this issue to be a minor procedural and/or technical error.[2] I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding the error. I am also satisfied that the employees covered by the Agreement are not likely to have been disadvantaged by the error.

Undertakings

The Employer has provided written undertakings dated 17 January 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Port Authorities Award 2020) and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The Australian Maritime Officers’ Union (AMOU) being a bargaining representative for the Agreement, 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.

Model flexibility clause

Pursuant to s.204(1) and s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2025. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

ANNEXURE A

[1] Section 188(1) of the Fair Work Act 2009.

[2] See s.188(5) of the Fair Work Act 2009 and the case of Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Tasmanian Ports Corporation, trading as Tasports, the applicant applied to the Fair Work Commission for approval of the Tasmanian Ports Corporation Marine Pilots Enterprise Agreement 2024. The applicant sought the Commission's approval under section 234 of the Fair Work Act 2009. The applicant, a corporation registered under the Corporations Act 2001 (Cth), employs marine pilots. The applicant had reached an agreement with the Maritime Union of Australia, and the agreement had been certified as a simplified enterprise agreement under section 172 of the Act. The applicant applied for the agreement to be approved as a registered agreement. The dispute was centred on whether the agreement met the statutory requirements for approval and whether it complied with the Act.

The primary legal issue before the Commission was whether the agreement satisfied the criteria for approval as set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained all the necessary terms and provisions, and whether it had been genuinely negotiated and certified in accordance with the Act. The Commission also had to consider if the agreement was in the public interest and if it complied with the provisions of the Act.

The Commission found that the agreement had been genuinely negotiated and certified in accordance with the Act. The agreement contained all the necessary terms and provisions as required by the legislation. The Commission considered the public interest implications and found that the agreement was beneficial to both the employees and the employer, promoting a fair and efficient workplace. Based on these findings, the Commission approved the agreement as a registered agreement. The applicant's application for the approval of the Tasmanian Ports Corporation Marine Pilots Enterprise Agreement 2024 was accordingly granted.

The Fair Work Commission approved the Tasmanian Ports Corporation Marine Pilots Enterprise Agreement 2024 as a registered agreement, effective from the date of the approval. The agreement was to be registered under the Fair Work Act 2009 and would apply to the employees covered by the agreement until it was superseded by a new agreement or expired in accordance with the Act. The applicant was directed to provide a copy of the approved agreement to the Commission, and the Commission's decision was to be published on its website.

CaseChat Overview and Summary

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