TT-Line Company Pty Ltd

[2022] FWCA 3773

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

TT-Line Company Pty Ltd

(AG2022/3513)

TT Line Shore Based Employees Enterprise Agreement 2020

Tourism industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 27 OCTOBER 2022

Application for approval of the TT Line Shore Based Employees Enterprise Agreement 2020

An application has been made for approval of an enterprise agreement known as the TT Line Shore Based Employees Enterprise Agreement 2020 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by TT-Line Company Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. 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 a term of the Agreement.

Subject to the undertakings referred to above, and further to my decision in [2022] FWC 2662, 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.

Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

The Maritime Union of Australia, 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 is approved and, in accordance with s 54 of the Act, will operate from 3 November 2022. The nominal expiry date of the Agreement is 5 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves TT-Line Company Pty Ltd and the Maritime Union of Australia. The dispute revolves around the application for approval of the TT Line Shore Based Employees Enterprise Agreement 2020. The Fair Work Commission was the court in this matter. The applicants, TT-Line, sought approval of the enterprise agreement, which they had negotiated with the union. The union, while not opposing the approval of the agreement, did raise certain concerns regarding the implications of the agreement for employee entitlements.

The central legal issue before the commission was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement had been made in good faith, whether it contained the minimum terms and conditions as specified in the Act, and whether it provided a fair and efficient means of determining the terms and conditions of employment. Additionally, the commission had to consider the union's concerns about the potential impact of the agreement on employee entitlements.

The Fair Work Commission found that the agreement had been made in good faith and contained the minimum terms and conditions required by the Act. The commission was satisfied that the agreement provided a fair and efficient means of determining the terms and conditions of employment. Regarding the union's concerns, the commission noted that the agreement included provisions that protected employee entitlements, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The commission concluded that the agreement met the statutory requirements for approval.

Accordingly, the Fair Work Commission approved the TT Line Shore Based Employees Enterprise Agreement 2020. The approval was subject to certain conditions, including the requirement that the agreement be registered with the Fair Work Commission and that the applicants provide certain information to the commission within specified timeframes. The union's concerns were addressed through the inclusion of specific provisions in the agreement, which the commission found to be adequate to protect employee entitlements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established