DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tassal Group Limited
(AG2018/5773)

TASSAL OPERATIONS PTY LTD (MACQUARIE HARBOUR MARINE OPERATIONS) ENTERPRISE AGREEMENT 2018

Aquaculture
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 MARCH 2019

Application for approval of the Tassal Operations Pty Ltd (Macquarie Harbour Marine Operations) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Tassal Operations Pty Ltd (Macquarie Harbour Marine Operations) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tassal Group Limited. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Workers’ 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 21 March 2019 and, in accordance with s.54, will operate from 28 March 2019. The nominal expiry date of the Agreement is 1 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Tassal Group Limited, an aquaculture company, applied to the Fair Work Commission for approval of the Tassal Operations Pty Ltd (Macquarie Harbour Marine Operations) Enterprise Agreement 2018. The application arose under the Fair Work Act 2009, where the agreement had been negotiated between the employer and the employees' union. The dispute centred on whether the agreement met the legal requirements for being registered and approved by the Commission, particularly focusing on the procedural fairness and the agreement's alignment with the Act's objectives.

The central legal issue the court needed to address was whether the enterprise agreement adhered to the procedural and substantive requirements set out in the Fair Work Act. This included verifying that the agreement was genuinely negotiated and whether it contained all mandatory terms prescribed by the Act. The court also needed to consider if the agreement complied with the ‘better off overall test’ (BOOT), ensuring that employees were not worse off financially or in terms of conditions.

In examining the application, the Fair Work Commission found that the agreement had been negotiated in good faith and met the procedural requirements. The Commission concluded that the agreement was not only procedurally sound but also substantively aligned with the objectives of the Fair Work Act. It was determined that employees would not be worse off overall, thereby satisfying the BOOT. As a result, the Commission approved the enterprise agreement, finding it to be fair and compliant with the legislative requirements.

The Fair Work Commission approved the Tassal Operations Pty Ltd (Macquarie Harbour Marine Operations) Enterprise Agreement 2018, determining it met all necessary legal criteria under the Fair Work Act. The agreement was to be registered, and the terms would apply to the employees covered by the agreement.

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