DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Third Zeton Pty Ltd T/A Tieman Tankers
(AG2019/3251)

THIRD ZETON PTY LTD TRADING AS TIEMAN TANKERS / AMWU VICTORIAN COLLECTIVE WORKPLACE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 29 OCTOBER 2019

Application for approval of the Third Zeton Pty Ltd Trading as Tieman Tankers / AMWU Victorian Collective Workplace Agreement 2019.

[1] Application has been made for approval of a single enterprise agreement known as the Third Zeton Pty Ltd Trading as Tieman Tankers / AMWU Victorian Collective Workplace Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Third Zeton Pty Ltd T/A Tieman Tankers.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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. The undertakings are taken to be terms of the Agreement.

[3] With 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 5 November 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this case were Third Zeton Pty Ltd, trading as Tieman Tankers, and the Australian Maritime Workers' Union (AMWU). The nature of the dispute was the application for the approval of the AMWU Victorian Collective Workplace Agreement 2019, which sought to establish terms and conditions for employees in the maritime industry. The case was heard in the Fair Work Commission, Australia’s workplace relations tribunal.

The legal issues that the court needed to address revolved around whether the provisions of the agreement complied with the Fair Work Act 2009. This involved scrutiny of whether the agreement was made in good faith, if it provided for fair and reasonable terms, and whether it included any unfair provisions that might contravene the Fair Work Act. The court also had to consider if the agreement adhered to the process outlined for approving such workplace agreements.

In reaching its decision, the Fair Work Commission assessed the agreement against the criteria established by the Fair Work Act. The Commission found that the agreement was made in good faith and contained fair and reasonable terms, with no provisions that were unfair within the meaning of the Act. The Commission approved the AMWU Victorian Collective Workplace Agreement 2019, acknowledging its compliance with the statutory requirements. The decision was based on a detailed analysis of the agreement’s provisions and the process followed in its negotiation and conclusion.

The final orders of the Commission were that the AMWU Victorian Collective Workplace Agreement 2019 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. This approval meant that the terms and conditions outlined in the agreement would govern the employment relationship between Third Zeton Pty Ltd and its employees, as per the provisions set forth in the agreement.

Third Zeton Pty Ltd T/A Tieman Tankers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established