Third Zeton Pty Ltd T/A Tieman Tankers Summary

[2022] FWCA 4034

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Third Zeton Pty Ltd T/A Tieman Tankers

(AG2022/4673)

Third Zeton Pty Ltd Trading as Tieman Tankers / AMWU Victorian Collective Workplace Agreement 2022

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 NOVEMBER 2022

Application for approval of the Third Zeton Pty Ltd Trading as Tieman Tankers / AMWU Victorian Collective Workplace Agreement 2022

An application has been made for approval of an enterprise agreement known as the Third Zeton Pty Ltd Trading as Tieman Tankers / AMWU Victorian Collective Workplace Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Third Zeton Pty Ltd T/A Tieman Tankers. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

I observe that clauses 10, 2, 23(b) and 24 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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.

The Agreement was approved on 22 November 2022 and, in accordance with s.54, will operate from 29 November 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Third Zeton Pty Ltd trading as Tieman Tankers, sought approval from the Fair Work Commission of a new enterprise agreement, the AMWU Victorian Collective Workplace Agreement 2022. The Australian Maritime Workers' Union, representing the employees, opposed the application on various grounds. The matter was heard by the Fair Work Commission, presided over by Commissioner Williams.

The central legal issue was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the opposition raised concerns about the agreement's conformity with the process outlined in the Act, as well as its fairness and the adequacy of the negotiation process. The applicant argued that the agreement was a genuine product of bargaining and met all statutory requirements.

Commissioner Williams concluded that the application met the necessary criteria. The process followed was in accordance with the Act, and the agreement was fair and reasonable. The evidence demonstrated that the agreement was the result of genuine negotiations between the parties, and all procedural requirements were satisfied. The Commissioner approved the application, noting that the agreement provided a fair and reasonable outcome for all parties involved.

Accordingly, the Fair Work Commission approved the AMWU Victorian Collective Workplace Agreement 2022, effective from the date of the decision. This decision provided certainty for both the applicant and the union, ensuring that the agreement would govern the employment conditions for the relevant period.

Third Zeton Pty Ltd T/A Tieman Tankers

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established