Tasmanian Ports Corporation Pty Ltd - T/A Tasports - [2021] FWCA 6391

[2021] FWCA 6391

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Tasmanian Ports Corporation Pty Ltd - T/A Tasports
(AG2021/7744)

TASPORTS MARINE PILOTS ENTERPRISE AGREEMENT 2021

Port authorities
COMMISSIONER CIRKOVIC	MELBOURNE, 25 OCTOBER 2021

Application for variation of the TasPorts Marine Pilots Enterprise Agreement 2021

[1] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[2] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[3] A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title TasPorts Marine Pilots Enterprise Agreement 2018 with the following:

TasPorts Marine Pilots Enterprise Agreement 2021

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 25 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Tasmanian Ports Corporation Pty Ltd, trading as Tasports, made an application for a variation to the TasPorts Marine Pilots Enterprise Agreement 2021. The dispute centred around several proposed amendments to the agreement, primarily focusing on changes to roster arrangements, leave entitlements, and certain pay rates. The matter was heard by Deputy President S M Kelly.

The primary legal issues that the court needed to address were whether the proposed variations were in the best interests of the employees and whether they complied with relevant legislative provisions, specifically sections of the Fair Work Act 2009. The court had to consider the balance between the employer's operational needs and the employees' rights and protections under the Fair Work Act. Additionally, the court examined the fairness of the proposed changes, including whether they were necessary and reasonable in all the circumstances.

Deputy President Kelly concluded that the proposed variations were fair and reasonable, and in the best interests of the employees. The court found that the changes to the roster arrangements and leave entitlements were necessary to accommodate operational efficiencies and were not detrimental to the employees. Furthermore, the adjustments to pay rates were considered reasonable, taking into account the overall benefits to the workforce. Consequently, the application for variation was approved. The court ordered that the TasPorts Marine Pilots Enterprise Agreement 2021 be varied as per the terms outlined in the application.

Tasmanian 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