Tasmanian Ports Corporation Pty Ltd T/A TasPorts

[2019] FWCA 7795

[2019] FWCA 7795

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Ports Corporation Pty Ltd T/A TasPorts
(AG2019/3975)

TASMANIAN PORTS CORPORATION (TASPORTS) ENTERPRISE AGREEMENT 2019

Port authorities
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 NOVEMBER 2019

Application for approval of the Tasmanian Ports Corporation (TasPorts) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Tasmanian Ports Corporation (TasPorts) Enterprise Agreement 2019 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

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

[4] The Australian Maritime Officers’ Union and the Construction, Forestry, Maritime, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 November 2019. The nominal expiry date of the Agreement is 20 May 2022.

DEPUTY PRESIDENT

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Annexure A