TT-Line Company Pty Ltd Summary

[2024] FWCA 591

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

TT-Line Company Pty Ltd

(AG2023/5517)

TT-LINE SHORE BASED EMPLOYEES ENTERPRISE AGREEMENT 2023

Maritime industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 12 FEBRUARY 2024

Application for approval of the TT-Line Shore Based Employees Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the TT-Line Shore Based Employees Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TT-Line Company Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Construction, Forestry and Maritime Employees Union (CFMEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMEU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

In the Fair Work Commission, TT-Line Company Pty Ltd sought approval for the TT-Line Shore Based Employees Enterprise Agreement 2023, which was to govern the employment terms and conditions of its shore-based employees. The company argued that the agreement was fair and reasonable, while the employees' union contended that certain provisions were unfair and not compliant with relevant legislative standards.

The court was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement was genuinely negotiated, did not include matters that should not be the subject of an enterprise agreement, and did not have a detrimental effect on the employees' terms and conditions of employment. The court also needed to consider whether the agreement complied with the Better Off Overall Test (BOOT), ensuring that the employees would not be worse off financially compared to their current entitlements.

The Fair Work Commission examined the negotiation process and the provisions of the agreement in detail. It found that the agreement had been genuinely negotiated and did not include matters that were not suitable for an enterprise agreement. The court also determined that the agreement satisfied the BOOT, as employees would not be worse off overall under the new agreement. Consequently, the Commission approved the TT-Line Shore Based Employees Enterprise Agreement 2023.

The Fair Work Commission approved the TT-Line Shore Based Employees Enterprise Agreement 2023, effective from the date of the decision. The agreement was to apply to all shore-based employees of TT-Line Company Pty Ltd, and the terms and conditions set out in the agreement were to govern their employment from that date.

TT-Line Company Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established