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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Tasmanian Ports Corporation, trading as TasPorts, sought approval for the Tasmanian Ports Corporation (TasPorts) Enterprise Agreement 2019 in the Fair Work Commission. The agreement, aimed at regulating employment terms for certain employees, was contested by the Maritime Union of Australia, who argued that the terms were not fair and reasonable. The legal issues centred on whether the agreement met the requirements set by the Fair Work Act 2009, particularly regarding procedural fairness and the agreement's alignment with relevant minimum standards.

The commission examined whether the process of reaching the agreement was fair and whether the agreement itself complied with the statutory criteria. This included assessing whether the agreement provided for fair and reasonable terms, and whether it contained necessary provisions for dispute resolution. The commission also had to ensure the agreement met minimum standards and that it was not detrimental to the employees' interests.

After careful consideration, the Fair Work Commission concluded that the agreement was fair and reasonable and complied with all statutory requirements. The commission found that the process of reaching the agreement was fair and that the agreement did not contain terms that were contrary to public policy or detrimental to employees' interests. The commission approved the Tasmanian Ports Corporation (TasPorts) Enterprise Agreement 2019, finding it met all necessary legal criteria. This decision allows the agreement to proceed as a legally binding employment contract.

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