DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Ports Corporation Pty Ltd t/a Tasports
(AG2020/1175)

TASPORTS TOWAGE (TUG MASTERS AND DECKHANDS) ENTERPRISE AGREEMENT 2019

Maritime industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 MAY 2020

Application for approval of the TasPorts Towage (Tug Masters and Deckhands) 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 (Tug Masters and Deckhands) 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 Maritime Officers’ Union and the Construction, Forestry, Maritime, Mining and Energy Union, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that they want the Agreement to cover it. In accordance with s 201(2) and based on the statutory declarations provided by these organisations, I note that the Agreement covers these organisations.

[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 parties involved in the dispute were Tasmanian Ports Corporation Pty Ltd, trading as Tasports, and the Maritime Union of Australia. The matter was heard in the Fair Work Commission, where Tasports sought approval for the TasPorts Towage (Tug Masters and Deckhands) Enterprise Agreement 2019. The union contested the agreement, raising several issues related to the terms and conditions of employment, including wages, hours of work, and other workplace provisions.

The central legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, and whether it was consistent with the principles of the Fair Work Act. Additionally, the Commission examined whether the agreement was genuinely negotiated and whether it complied with procedural requirements for enterprise agreements.

The Commission found that the TasPorts Towage (Tug Masters and Deckhands) Enterprise Agreement 2019 was fair and reasonable, meeting the statutory requirements for approval. The Commission acknowledged the genuine negotiation process and noted that the agreement provided for fair and reasonable terms and conditions of employment. It was determined that the agreement was consistent with the principles of the Fair Work Act and complied with all necessary procedural requirements. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the TasPorts Towage (Tug Masters and Deckhands) Enterprise Agreement 2019, confirming its compliance with the Fair Work Act and its fair and reasonable terms.

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