Tasmanian Ports Corporation Pty Ltd T/A Tasports
[2025] FWCA 475
•23 JANUARY 2025
[2025] FWCA 475
The attached document replaces the document previously issued with the code [2025] FWC 226 on 23 January 2025.
The attached document wholly replaces the document previously issued with code [2025] FWC 226 to correct document referencing.
Associate to Deputy President Boyce
Dated 6 February 2025
| [2025] FWCA 475 |
| 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
(AG2024/5021)
TASMANIAN PORTS CORPORATION MARINE PILOTS ENTERPRISE AGREEMENT 2024
| Port authorities | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 23 JANUARY 2025 |
Application for approval of the Tasmanian Ports Corporation Marine Pilots Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement to be known as the Tasmanian Ports Corporation Marine Pilots Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Tasmanian Ports Corporation Pty Ltd T/A Tasports (Employer). The Agreement is a single enterprise agreement.
There was an issue raised by the Commission with the Employer regarding compliance with Items [15] and [16] of the statutory Statement of Principles on genuine agreement.[1] Having regard to the submissions of the Employer provided on 20 January 2025, I find this issue to be a minor procedural and/or technical error.[2] I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding the error. I am also satisfied that the employees covered by the Agreement are not likely to have been disadvantaged by the error.
Undertakings
The Employer has provided written undertakings dated 17 January 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Port Authorities Award 2020) and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisation(s)
The Australian Maritime Officers’ Union (AMOU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
Model flexibility clause
Pursuant to s.204(1) and s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2025. The nominal expiry date of the Agreement is 30 June 2026.
DEPUTY PRESIDENT
ANNEXURE A
[1] Section 188(1) of the Fair Work Act 2009.
[2] See s.188(5) of the Fair Work Act 2009 and the case of Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.
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