The Marine and Safety Authority t/a Marine and Safety Tasmania

[2019] FWCA 6511

[2019] FWCA 6511

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Marine and Safety Authority t/a Marine and Safety Tasmania
(AG2019/2951)

MARINE AND SAFETY AUTHORITY STAFF ENTERPRISE AGREEMENT 2019

Tasmania
DEPUTY PRESIDENT MANSINI	MELBOURNE, 19 SEPTEMBER 2019

Application for approval of the Marine and Safety Authority Staff Enterprise Agreement 2019.

[1] The Marine and Safety Authority t/a Marine and Safety Tasmania has applied for approval of a single enterprise agreement known as the Marine and Safety Authority Staff Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, whether the pre-approval requirements were met and whether the Agreement passes the “better off overall” test. Further information was provided in relation to these concerns.

[3] The Applicant applied to correct the errors, including an amended Agreement signature page. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The employee bargaining representative did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the amended application, further information provided on request of the Commission and having regard to the Undertakings, 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.

[6] The Agreement was approved on 19 September 2019 and, in accordance with s.54, will operate from 26 September 2019. The nominal expiry date of the Agreement is 19 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE505363 PR712533>

Annexure A