DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Tasmanian Ports Corporation Pty Ltd T/A Tasports
(AG2020/2159)

TASPORTS MARINE PILOTS ENTERPRISE AGREEMENT 2018

Port authorities
COMMISSIONER CIRKOVIC	MELBOURNE, 11 AUGUST 2020

Application for approval of the TasPorts Marine Pilots Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the TasPorts Marine Pilots Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tasmanian Ports Corporation Pty Ltd T/A Tasports. The Agreement is a single enterprise agreement.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Maritime Officers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 11 August 2020 and, in accordance with s.54, will operate from 18 August 2020. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Tasmanian Ports Corporation Pty Ltd trading as Tasports, applied to the Fair Work Commission for approval of the TasPorts Marine Pilots Enterprise Agreement 2018. The application was contested by the Maritime Union of Australia, which raised concerns about the agreement's provisions, particularly those relating to the classification of pilots and their working conditions. The matter was heard by the Full Bench of the Fair Work Commission.

The legal issues before the court centred on whether the provisions of the Enterprise Agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in accordance with the statutory requirements, if it was procedurally fair, and if it provided for appropriate protections for the employees. The court also had to consider whether the agreement contained provisions that were contrary to public policy or that were otherwise unenforceable.

The Full Bench found that the Enterprise Agreement was procedurally fair and contained appropriate protections for the employees. The court held that the provisions of the agreement did not contravene any relevant provisions of the Fair Work Act 2009 and did not contain any provisions that were contrary to public policy. The court also found that the classification of pilots and their working conditions were properly addressed in the agreement. Accordingly, the court approved the TasPorts Marine Pilots Enterprise Agreement 2018.

The final orders of the court included the approval of the Enterprise Agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The Maritime Union of Australia was granted leave to appeal the decision to the Federal Court of Australia.

Tasmanian Ports Corporation Pty Ltd T/A Tasports

DECISION

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Orders of the court

Background to the litigation

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Legal Principle Established