DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Tassal Group Limited
(AG2019/1269)

TASSAL OPERATIONS PTY LTD (MARINE OPERATION) ENTERPRISE AGREEMENT 2017

Aquaculture
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 31 JULY 2019

Application for variation of the Tassal Operations Pty Ltd (Marine Operations) Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the Tassal Operations Pty Ltd (Marine Operation) Enterprise Agreement 2017 (the Agreement). The application was made by Tassal Group Limited pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Tassal Group Limited case involved a dispute regarding the application for a variation of the Tassal Operations Pty Ltd (Marine Operations) Enterprise Agreement 2017. The application was brought before the Fair Work Commission by Tassal Group Limited, seeking to modify certain terms and conditions of the existing enterprise agreement. The Fair Work Commission was tasked with determining whether the proposed changes were justified and whether the application complied with the relevant legal framework.

The central legal issues before the Commission included whether the proposed changes were necessary to address economic, technological, or structural changes, and whether the application met the procedural requirements set forth in the Fair Work Act 2009. Additionally, the Commission had to consider whether the proposed changes would result in a net benefit to the employees and whether the application was made in good faith.

In reaching its decision, the Commission considered the evidence provided by both parties and examined the broader context of the marine operations industry. The Commission found that the proposed changes were necessary to respond to economic and operational challenges faced by Tassal Operations. The Commission also determined that the application was procedurally compliant and that the changes would result in a net benefit to the employees by improving working conditions and job security. Consequently, the Commission granted the application, allowing the proposed variations to the enterprise agreement to proceed.

The Fair Work Commission ordered that the Tassal Operations Pty Ltd (Marine Operations) Enterprise Agreement 2017 be varied as per the application, with the changes to take effect from a specified date. The Commission also stipulated that certain procedural requirements, such as the provision of information to the employees, be fulfilled before the changes could be implemented.

Tassal Group Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established