Tasmanian Ports Corporation Pty Ltd T/A Tasports

[2025] FWCA 3530

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Tasmanian Ports Corporation Pty Ltd T/A Tasports

(AG2025/3534)

TASMANIAN PORTS CORPORATION TOWAGE (TUG MASTERS AND DECKHANDS) ENTERPRISE AGREEMENT 2025

Port authorities
COMMISSIONER SLOAN	SYDNEY, 22 OCTOBER 2025

Application for approval of the Tasmanian Ports Corporation Towage (Tug Masters and Deckhands) Enterprise Agreement 2025

Tasmanian Ports Corporation Pty Ltd has applied for approval of a single enterprise agreement known as the Tasmanian Ports Corporation Towage (Tug Masters and Deckhands) Enterprise Agreement 2025 (“Agreement”). The application is made under section 185 of the Fair Work Act 2009 (“Act”).

Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to the application have been met.

The Australian Maritime Officers Union (“AMOU”) and the Maritime Union of Australia (“MUA”) were bargaining representatives for the Agreement. The AMOU supports the approval of the Agreement. Each union has given notice under section 183 of the Act that it wants the Agreement to cover it. As required by section 201(2) of the Act, I note that the Agreement covers the AMOU and the MUA.

The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 29 October 2025. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Tasmanian Ports Corporation, trading as Tasports, for approval of a proposed enterprise agreement. The proposed agreement, titled the Tasmanian Ports Corporation Towage (Tug Masters and Deckhands) Enterprise Agreement 2025, was submitted for consideration under the relevant provisions of the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the legal requirements for approval, particularly regarding its compliance with the provisions concerning genuine agreement and the protection of employees' rights and interests.

The key legal issues before the Commission included whether the agreement had been genuinely negotiated and whether it provided adequate protections for the employees involved. Additionally, the Commission had to determine whether the agreement contained terms and conditions that were consistent with the Fair Work Act's objectives, including the promotion of productivity, economic performance, and the provision of fair and effective workplace relations. The Commission also had to consider whether the proposed agreement adequately addressed any outstanding disputes between the parties and whether it provided for fair and effective dispute resolution mechanisms.

In reaching its decision, the Commission carefully reviewed the evidence and submissions provided by both parties. It examined the negotiation process to ensure that the agreement was genuinely negotiated between the employer and the employees' representatives. The Commission also assessed the content of the proposed agreement to ensure it did not undermine the rights and protections of the employees. After considering the evidence and submissions, the Commission found that the proposed agreement met the necessary criteria for approval. The Commission concluded that the agreement had been genuinely negotiated and that it provided fair and reasonable terms and conditions for the employees, including adequate protections and dispute resolution mechanisms.

As a result of the Commission's findings, the application for approval of the Tasmanian Ports Corporation Towage (Tug Masters and Deckhands) Enterprise Agreement 2025 was approved. The agreement will now come into effect on the date specified within the approved terms and will govern the employment conditions of the tug masters and deckhands employed by the Tasmanian Ports Corporation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established