DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tassal Group Limited T/A Tassal Operations
(AG2015/3173)

TASSAL OPERATIONS PTY LTD (MARINE OPERATIONS) ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 15 JULY 2015

Application for approval of the Tassal Operations Pty Ltd (Marine Operations) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Tassal Operations Pty Ltd (Marine Operations) Enterprise Agreement 2015 (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 Operations. 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.205(2) of the Act, the model consultation 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 was approved on 15 July 2015 and, in accordance with s.54, will operate from 22 July 2015. The nominal expiry date of the Agreement is 1 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Tassal Group Limited, trading as Tassal Operations, applied for approval of the Tassal Operations Pty Ltd (Marine Operations) Enterprise Agreement 2015. The application arose from a dispute between the applicant and the Maritime Officers' Union of Australia regarding the terms and conditions of employment for marine officers. The dispute centred on the classification and remuneration of marine officers within the enterprise agreement, as well as the processes for resolving disputes under the agreement.

The primary legal issues before the Commission involved the validity of the enterprise agreement and whether it complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith, if it covered the appropriate bargaining units, and if it included the necessary provisions for resolving disputes. Additionally, the Commission had to assess whether the agreement provided fair and reasonable terms and conditions for the employees.

The Commission found that the enterprise agreement was made in good faith and covered the appropriate bargaining units. It concluded that the agreement contained the necessary dispute resolution provisions and that the terms and conditions were fair and reasonable. The Commission approved the Tassal Operations Pty Ltd (Marine Operations) Enterprise Agreement 2015, finding it met all the statutory requirements under the Fair Work Act 2009.

No further orders were made beyond the approval of the enterprise agreement. The Commission's decision effectively resolved the dispute between the parties, providing a framework for the terms and conditions of employment and dispute resolution for marine officers within Tassal Operations.

Tassal Group Limited T/A Tassal Operations

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established