DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Ports Corporation Pty Ltd t/a Tasports
(AG2020/1174)

TASPORTS TOWAGE (ENGINEERS) ENTERPRISE AGREEMENT 2019

Maritime industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 MAY 2020

Application for approval of the TasPorts Towage (Engineers) Enterprise Agreement 2019

[1] Tasmanian Ports Corporation Pty Ltd t/a Tasports has made an application for approval of an enterprise agreement known as the TasPorts Towage (Engineers) Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 Australian Institute of Marine and Power Engineers, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 11 May 2020 and, in accordance with s 54, will operate from 18 May 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Tasmanian Ports Corporation Pty Ltd, trading as Tasports, to have the TasPorts Towage (Engineers) Enterprise Agreement 2019 approved. The dispute centred around the terms of the enterprise agreement concerning the wages and conditions of towage engineers employed by the corporation. The case was heard by the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The legal issues the court needed to address included whether the agreement provided for fair and reasonable terms and conditions for the employees, whether the agreement was made in good faith and whether it complied with the relevant provisions of the Fair Work Act. Additionally, the court had to consider whether the agreement provided for a safety net of minimum terms and conditions for the employees.

The Fair Work Commission found that the TasPorts Towage (Engineers) Enterprise Agreement 2019 did provide for fair and reasonable terms and conditions for the employees, and that the agreement was made in good faith. The court also found that the agreement complied with the relevant provisions of the Fair Work Act and provided for a safety net of minimum terms and conditions for the employees. Accordingly, the court approved the agreement.

The final orders of the court were that the TasPorts Towage (Engineers) Enterprise Agreement 2019 be approved and registered with the Fair Work Commission. The agreement was to come into effect from the date of the registration and would apply to all towage engineers employed by the corporation. The court also ordered that a copy of the approved agreement be served on all relevant parties.

Tasmanian Ports Corporation Pty Ltd t/a Tasports

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established