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

[2024] FWCA 3290

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2024/3191)

TT-LINE COMPANY PTY LTD & MUA SEAGOING EMPLOYEES, RETAIL & HOSPITALITY MANAGEMENT & IN-PORT WORKERS ENTERPRISE AGREEMENT 2023

Maritime industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 17 SEPTEMBER 2024

Application for approval of the TT-Line Company Pty Ltd & MUA Seagoing Employees, Retail & Hospitality Management & In-Port Workers Enterprise Agreement 2023

An application has been made 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 2023 (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 T/A Spirit Of Tasmania. The Agreement is a single enterprise agreement.

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 contain a comprehensive delegates’ rights term, as required by s 205A(1) of the Act. Under s 205A(2) of the Act, the workplace delegates’ rights term in clause clause 25A of the Seagoing Industry Award 2020 is taken to be a term of the Agreement.

The Construction, Forestry and Maritime Employees Union - The Maritime Union of Australia Division - Tasmanian Branch 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 24 September 2024. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, TT-Line Company Pty Ltd, trading as Spirit of Tasmania, sought approval of an enterprise agreement under the Fair Work Act 2009. The proposed agreement was with various unions representing seagoing employees, retail and hospitality management, and in-port workers. The application was brought before the Fair Work Commission.

The central legal issue was whether the enterprise agreement complied with the requirements of the Fair Work Act, specifically whether it met the “no disadvantage” test. This test ensures that the terms of the agreement do not place employees in a position that is worse off than their existing conditions. Additionally, the court needed to determine if the agreement had been made in good faith and whether the necessary procedural requirements were met.

The Fair Work Commission found that the agreement did not disadvantage employees, as the terms were either at least as favourable or neutral in comparison to existing conditions. The Commission also concluded that the agreement was made in good faith and that all procedural requirements had been met. Therefore, the application was approved.

The Fair Work Commission granted approval for the TT-Line Company Pty Ltd & MUA Seagoing Employees, Retail & Hospitality Management & In-Port Workers Enterprise Agreement 2023. This decision will provide clarity and certainty for the parties involved, ensuring that the agreement can be implemented as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established