DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TT-Line Company Pty Ltd
(AG2017/39)

TT-LINE COMPANY PTY LTD/AUSTRALIAN MARITIME OFFICERS’ UNION, SHIPWRIGHTS/PURSERS MODERN ENTERPRISE AGREEMENT 2016

Maritime industry
COMMISSIONER GREGORY	MELBOURNE, 8 FEBRUARY 2017

Application for approval of the TT-Line Company Pty Ltd/Australian Maritime Officers’ Union, Shipwrights/Pursers Modern Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the TT-Line Company Pty Ltd/Australian Maritime Officers’ Union, Shipwrights/Pursers Modern Enterprise Agreement 2016 (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 Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

TT-Line Company Pty Ltd, the employer, and the Australian Maritime Officers’ Union, Shipwrights/Pursers, the union, applied to the Fair Work Commission for approval of the TT-Line Company Pty Ltd/Australian Maritime Officers’ Union, Shipwrights/Pursers Modern Enterprise Agreement 2016. The union argued that the agreement should be registered, while the employer opposed this, claiming that it did not meet the requirements for approval. The Fair Work Commission was tasked with determining whether the agreement should be approved.

The key legal issues were whether the agreement was a genuine modern enterprise agreement under the Fair Work Act 2009, and whether it met the criteria for approval as set out in the Act. The court examined the bargaining process, the terms and conditions of the agreement, and the interests of the parties involved. The union argued that the agreement was a genuine modern enterprise agreement, while the employer argued that it was not.

The Fair Work Commission found that the agreement was a genuine modern enterprise agreement and met the criteria for approval. The court noted that the agreement was the result of good faith negotiations between the parties, and that it contained terms and conditions that were fair and reasonable. The court also found that the agreement provided for the interests of the employees and the employer, and that it met the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the TT-Line Company Pty Ltd/Australian Maritime Officers’ Union, Shipwrights/Pursers Modern Enterprise Agreement 2016. The agreement was registered and became a legally binding contract between the parties. The court noted that the agreement provided for a fair and reasonable resolution of the dispute, and that it was in the best interests of both parties.

TT-Line Company Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established