TT-Line Company Pty Ltd Summary

[2022] FWCA 3061

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

TT-Line Company Pty Ltd

(AG2022/3561)

TT-Line Shipwrights, Pursers and Safety & Environment Officers Enterprise Agreement 2020.

Tourism industry
DEPUTY PRESIDENT BELL	MELBOURNE, 2 SEPTEMBER 2022

Application for approval of the TT-Line Shipwrights, Pursers and Safety & Environment Officers Enterprise Agreement 2020.

An application has been made for approval of an enterprise agreement known as the TT-Line Shipwrights, Pursers and Safety & Environment Officers Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by TT-Line Company Pty Ltd. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, 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 sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Maritime Officers’ Union, 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 2 September 2022 and, in accordance with s.54, will operate from 9 September 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, TT-Line Company Pty Ltd sought approval of the TT-Line Shipwrights, Pursers and Safety & Environment Officers Enterprise Agreement 2020. The applicant, a shipping company, aimed to have the proposed agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval.

The primary legal issue before the Commission was whether the proposed agreement complied with the provisions of the Fair Work Act 2009. Specifically, the Commission needed to consider whether the agreement had been made in accordance with the procedures prescribed by the Act, whether it contained the necessary minimum terms and conditions, and whether it adhered to the good faith bargaining requirement. Additionally, the Commission had to ensure that the agreement did not include any terms that were contrary to the public interest or that would have an adverse effect on the employment conditions of the employees covered by the agreement.

After carefully examining the application and the evidence provided, the Commission found that the proposed agreement met all the necessary statutory requirements. The Commission concluded that the agreement had been made in accordance with the procedures prescribed by the Act, that it contained the required minimum terms and conditions, and that it was made in good faith. Furthermore, the Commission was satisfied that the agreement did not include any terms that were contrary to the public interest or that would have an adverse effect on the employment conditions of the employees. Consequently, the Commission approved the TT-Line Shipwrights, Pursers and Safety & Environment Officers Enterprise Agreement 2020.

As a result of the Commission's decision, the TT-Line Shipwrights, Pursers and Safety & Environment Officers Enterprise Agreement 2020 was registered as a registered enterprise agreement under the Fair Work Act 2009. The agreement will now govern the employment conditions of the relevant employees, and any disputes arising from the agreement will be subject to the dispute resolution processes outlined in the agreement itself.

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