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

Annexure A

CaseChat Overview and Summary

The Marine and Safety Authority, trading as Marine and Safety Tasmania, applied to the Fair Work Commission for approval of the Marine and Safety Authority Staff Enterprise Agreement 2019. The dispute centred on whether the agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The Commission had to determine whether the agreement met the legislative requirements, particularly regarding the proper establishment and recognition of the employee organisation, and the fairness and appropriateness of the agreement's terms and conditions.

The legal issues before the Commission involved verifying the legitimacy of the employee organisation that negotiated the agreement, ensuring the agreement's terms were fair and reasonable, and confirming that the agreement did not contravene any statutory provisions. The Commission examined whether the employee organisation was genuinely representative of the employees and whether the agreement was negotiated in good faith. Furthermore, the Commission assessed the procedural fairness of the agreement and its alignment with the objectives of the Fair Work Act 2009.

The Fair Work Commission concluded that the Marine and Safety Authority Staff Enterprise Agreement 2019 was valid and compliant with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The Commission found that the employee organisation was properly established and representative of the employees. The agreement was negotiated in good faith, and its terms and conditions were fair and reasonable. The Commission approved the agreement, confirming its compliance with the statutory requirements and the objectives of the legislation.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established