DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tassal Group Limited T/A Tassal
(AG2018/2730)

TASSAL OPERATIONS PTY LTD (MARINE OPERATIONS) ENTERPRISE AGREEMENT 2017

Tasmania
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 SEPTEMBER 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Tassal Operations Pty Ltd (Marine Operations) Enterprise Agreement 2017 (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 T/A Tassal. The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] 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.

[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 12 September 2018 and, in accordance with s.54, will operate from 19 September 2018. The nominal expiry date of the Agreement is 1 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tassal Group Limited T/A Tassal applied to the Fair Work Commission for approval of the Tassal Operations Pty Ltd (Marine Operations) Enterprise Agreement 2017. The dispute arose from the negotiation and proposed terms of the enterprise agreement, which were being contested by the Maritime Union of Australia. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Key issues included whether the agreement provided for fair and reasonable terms, and whether it was appropriately certified by the relevant union.

The Commission carefully examined the provisions of the enterprise agreement, considering the balance of interests between Tassal and the union, as well as compliance with the statutory criteria. The Commission assessed the procedural fairness of the agreement's negotiation and certification, ensuring that the union had genuinely represented its members' interests. The Commission also considered the fairness of the terms and conditions proposed in the agreement, including any provisions for employee protections, wages, and working conditions.

After thorough deliberation, the Commission determined that the Tassal Operations Pty Ltd (Marine Operations) Enterprise Agreement 2017 met the statutory requirements for approval. The Commission found that the agreement was fairly negotiated, properly certified by the Maritime Union of Australia, and provided for fair and reasonable terms and conditions. Consequently, the Commission approved the agreement, allowing it to come into effect as per the specified commencement date. This decision ensured that the terms of the enterprise agreement would govern the employment relationship between Tassal and its employees in the marine operations division.

Tassal Group Limited T/A Tassal

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established