DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tassal Group Limited t/a Tassal
(AG2016/1643)

TASSAL OPERATIONS PTY LTD (MACQUARIE HARBOUR MARINE OPERATIONS) ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER LEE	MELBOURNE, 18 JULY 2016

Application for approval of the Tassal Operations Pty Ltd (Macquarie Harbour Marine Operations) Enterprise Agreement 2016.

[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 2016 (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] The Applicant 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, 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] 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.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 July 2016. The nominal expiry date of the Agreement is 1 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Tassal Group Limited, trading as Tassal, applied for approval of the Tassal Operations Pty Ltd (Macquarie Harbour Marine Operations) Enterprise Agreement 2016 in the Fair Work Commission. The dispute centred around whether the agreement complied with the requirements of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the criteria for approval under section 233 of the Act, including whether it provided for the terms and conditions of employment of the employees covered by the agreement, and whether it had been made in good faith and without coercion.

The Commission considered the submissions from Tassal and the relevant unions, examining the content of the agreement and the process by which it was made. It assessed whether the agreement contained all the mandatory terms and conditions, and whether it had been negotiated in good faith. The Commission also evaluated whether the agreement provided for minimum wages and entitlements, as well as other terms and conditions of employment. After thorough analysis, the Commission determined that the agreement satisfied the legislative requirements for approval.

The Fair Work Commission approved the enterprise agreement, finding that it met the necessary criteria under the Fair Work Act. The agreement was deemed to provide for the terms and conditions of employment, and had been made in good faith without coercion. The Commission's decision was based on the comprehensive nature of the agreement and the procedural fairness observed during its negotiation and execution. The approval was a significant step in formalising the employment terms for the employees covered by the agreement.

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