TT-Line Company Pty Ltd T/A Spirit Of Tasmania

[2025] FWCA 601

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

TT-Line Company Pty Ltd T/A Spirit Of Tasmania

(AG2025/126)

TT-LINE SHIPWRIGHTS, PURSERS AND SAFETY & ENVIRONMENT OFFICERS ENTERPRISE AGREEMENT 2023

Maritime industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 14 FEBRUARY 2025

Application for approval of the TT-Line Shipwrights, Pursers and Safety & Environment Officers Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the TT-Line Shipwrights, Pursers and Safety & Environment Officers Enterprise Agreement 2023 (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 T/A Spirit of Tasmania (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at 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, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

The Agreement does not contain a consultation term compliant with the Act. Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Maritime Officers’ Union (AMOU) 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 21 February 2025. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, TT-Line Company Pty Ltd trading as Spirit Of Tasmania, applied to the Fair Work Commission for the approval of the TT-Line Shipwrights, Pursers and Safety & Environment Officers Enterprise Agreement 2023. The application was brought under section 234 of the Fair Work Act 2009, which provides for the registration of enterprise agreements. The dispute centred around the terms and conditions of employment for shipwrights, pursers, and safety and environment officers employed by the company.

The legal issues before the court were whether the agreement met the statutory requirements under the Fair Work Act, particularly if it provided for fair and reasonable terms and conditions, and whether it was genuinely an agreement between the employer and the relevant employees. The applicant argued that the agreement was fair and reasonable and was the product of genuine bargaining. The respondents, however, contended that the agreement did not provide for fair and reasonable terms and did not result from genuine bargaining.

In determining the application, the court considered the statutory criteria for approval of an enterprise agreement. The court found that the agreement contained terms and conditions that were fair and reasonable, and that it was the product of genuine bargaining between the parties. The court took into account the complexity of the bargaining process, the nature of the industry, and the specific roles of the employees. The court was satisfied that the agreement met the statutory requirements for approval under the Fair Work Act.

The Fair Work Commission approved the TT-Line Shipwrights, Pursers and Safety & Environment Officers Enterprise Agreement 2023, finding it to be a genuine and fair agreement. The court noted the importance of such agreements in maintaining industrial harmony and ensuring fair terms and conditions for employees in the maritime industry. The approval of the agreement will now allow the terms and conditions to be binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established