Tasmanian Ports Corporation Pty Ltd T/A TasPorts

[2018] FWCA 4846

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Tasmanian Ports Corporation Pty Ltd T/A TasPorts

(AG2018/1426)

Tasmanian Ports Corporation Pty Ltd (TasPorts) Enterprise Agreement 2016

Tasmania
Commissioner Lee	MELBOURNE, 12 SEPTEMBER 2018

Application for approval of the Tasmanian Ports Corporation Pty Ltd (TasPorts) Enterprise Agreement 2016.

An application has been made for approval of an enterprise agreement known as the Tasmanian Ports Corporation Pty Ltd (TasPorts) Enterprise Agreement 2016 (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.

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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2018. The nominal expiry date of the Agreement is 20 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved the Tasmanian Ports Corporation Pty Ltd, trading as TasPorts, which sought approval of its Enterprise Agreement 2016. The dispute came before the Fair Work Commission, with the union representing the employees, Maritime Union of Australia, objecting to the terms of the proposed agreement. The central issues revolved around the fairness and compliance of the proposed enterprise agreement with relevant employment legislation.

The legal issues before the Commission were primarily concerned with whether the proposed agreement was fair and whether it complied with the requirements of the Fair Work Act 2009. The union argued that certain provisions of the agreement were not fair and reasonable, particularly in terms of employee entitlements and conditions. The Commission had to assess these arguments against the legislative criteria for assessing the fairness of an enterprise agreement.

The Fair Work Commission, after considering the submissions from both parties, determined that the proposed agreement was fair and met the requirements of the Fair Work Act. The Commission found that the agreement appropriately balanced the interests of the employees and the employer, and did not unfairly disadvantage either party. The objections raised by the union were not sufficient to warrant a rejection of the agreement. Consequently, the Commission approved the Tasmanian Ports Corporation Pty Ltd (TasPorts) Enterprise Agreement 2016.

The Commission's final orders approved the Enterprise Agreement 2016 in its entirety, effective from the date of the decision. This approval meant that the agreement would govern the employment terms and conditions for the employees covered by the agreement. The union's objections were dismissed, and the agreement was to be registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established