TT-Line Company Pty Ltd
[2023] FWCA 562
•21 FEBRUARY 2023
| [2023] FWCA 562 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
TT-Line Company Pty Ltd
(AG2023/136)
TT-Line Company Pty Ltd & MUA Seagoing Employees, Retail & Hospitality Management & In-Port Workers Enterprise Agreement 2021
| Tourism industry | |
| COMMISSIONER HUNT | BRISBANE, 21 FEBRUARY 2023 |
Application for approval of the TT-Line Company Pty Ltd & MUA Seagoing Employees, Retail & Hospitality Management & In-Port Workers Enterprise Agreement 2021
TT-Line Company Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the TT-Line Company Pty Ltd & MUA Seagoing Employees, Retail & Hospitality Management & In-Port Workers Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
The Fair Work Commission (the Commission) identified that the Employer issued two Notice of Representational Rights (NERR) in the course of making the Agreement with employees. The first NERR was sent on 18 February 2022, and the NERR was then reissued on 9 December 2022. The Employer confirmed the NERR was re-issued to reflect a change in title to the Agreement. There was no change to coverage and the positions of the Retail and Hospitality Management employees. The Employer advised that employees were also notified on 9 December 2022 (prior to the reissuance of the NERR) that the NERR would be reissued to address a technical issue with the previous NERR issued on 18 February 2022.
I am satisfied that it is appropriate to exercise the discretion in s.188(2) of the Act to find that the Agreement was genuinely agreed to by the employees covered by the Agreement, as required by s.188(1) of the Act. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.
The Commission also raised other certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Maritime Union of Australia – division of Construction, Forestry, Maritime, Mining and Energy Union (MUA) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were provided.
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.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.
I have taken into consideration the material filed in the Commission. Subject to 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The MUA 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) of the Act I note that the Agreement covers the MUA.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 February 2023. The nominal expiry date of the Agreement is 30 June 2023.
COMMISSIONER
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<AE519262 PR750959>
Annexure A – Undertakings
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