Tasmanian Ports Corporation Pty Ltd T/A Tasports

[2023] FWCA 312

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tasmanian Ports Corporation Pty Ltd T/A Tasports

(AG2022/5501)

TASMANIAN PORTS CORPORATION MARINE PILOTS ENTERPRISE AGREEMENT 2022

Port authorities
COMMISSIONER LEE	MELBOURNE, 1 FEBRUARY 2023

Application for approval of the Tasmanian Ports Corporation Marine Pilots Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Tasmanian Ports Corporation Marine Pilots Enterprise Agreement 2022 (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.

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.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

Pursuant to 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.

The Australian Maritime Officers’ Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2023. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Tasmanian Ports Corporation Pty Ltd T/A Tasports, the application was made to the Fair Work Commission for approval of the Tasmanian Ports Corporation Marine Pilots Enterprise Agreement 2022. The dispute involved the terms and conditions of employment for marine pilots, including wages, working conditions, and other employment-related matters. The Commission was tasked with ensuring the agreement complied with the Fair Work Act 2009 and met the requirements for a single-enterprise agreement. The application was brought by the employer, Tasmanian Ports Corporation, while the Australian Maritime Officers' Union represented the employees.

The primary legal issue before the Commission was whether the agreement complied with the statutory requirements for approval under the Fair Work Act. This included verifying that the agreement had been made in good faith, was free from any improper conduct, and met the necessary criteria for coverage and certification. The Commission also had to consider if the agreement provided appropriate protections and benefits for the employees and if it was consistent with the broader objectives of the Fair Work Act.

The Fair Work Commission determined that the agreement met the necessary statutory requirements for approval. The Commission found that the agreement was made in good faith and was free from any improper conduct. It was also noted that the agreement provided adequate protections and benefits for the employees and aligned with the objectives of the Fair Work Act. The Commission was satisfied that the agreement was compliant with the necessary provisions and therefore approved the Tasmanian Ports Corporation Marine Pilots Enterprise Agreement 2022.

The Fair Work Commission approved the Tasmanian Ports Corporation Marine Pilots Enterprise Agreement 2022, confirming its compliance with the Fair Work Act. The agreement was found to be made in good faith and free from improper conduct, providing adequate protections and benefits for the employees. The decision ensures that the terms and conditions of employment for marine pilots in Tasmania are governed by a certified enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established