DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Ports Corporation Pty Ltd - T/A Tasports
(AG2018/401)

TASPORTS TOWAGE ENGINEERS ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER JOHNS	SYDNEY, 19 APRIL 2018

Application for approval of the TasPorts Towage Engineers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the TasPorts Towage Engineers 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.

[2] 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 (AIMPE) 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 April 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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, for approval of the TasPorts Towage Engineers Enterprise Agreement 2016. The agreement was intended to govern the employment conditions of towage engineers working for Tasports. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it appropriately balanced the interests of both the employer and the employees.

The central legal issues before the commission were whether the agreement contained the minimum terms and conditions as mandated by the Fair Work Act, and whether it was a bona fide agreement made in good faith. Specifically, the commission needed to assess whether the agreement met the criteria for minimal coverage, including the minimum wage rates, leave entitlements, and other employment terms, and whether it was free from any unlawful provisions or coercion. Additionally, the commission considered whether the agreement was made in good faith, as required by the statutory framework.

The commission found that the agreement complied with the minimum terms and conditions stipulated by the Fair Work Act. It was determined that the agreement covered all necessary minimum entitlements and did not include any unlawful provisions. The commission also concluded that the agreement was made in good faith, based on the evidence presented regarding the negotiation process and the parties' conduct. The commission emphasised the importance of the agreement's compliance with the statutory requirements and its alignment with the principles of good faith bargaining.

Consequently, the Fair Work Commission approved the TasPorts Towage Engineers Enterprise Agreement 2016, confirming its compliance with the relevant legislative provisions and its status as a bona fide agreement. The decision affirmed the validity of the agreement, allowing it to be formally registered and enforceable between the 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