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

[2019] FWCA 2285

[2019] FWCA 2285

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TT-Line Company Pty Ltd T/A Spirit of Tasmania
(AG2018/6369)

TT-LINE COMPANY PTY LTD & MUA SEAGOING EMPLOYEES, RETAIL & HOSPITALITY MANAGEMENT AND IN PORT WORKERS, ENTERPRISE AGREEMENT 2017

Maritime industry
COMMISSIONER LEE	MELBOURNE, 4 APRIL 2019

Application for approval of the TT-Line Company Pty Ltd & MUA Seagoing Employees, Retail & Hospitality Management & In-Port Workers Enterprise Agreement 2017.

[1] 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 2017 (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.

[2] 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.

[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.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.

[5] The Construction, Forestry, Maritime, Mining and Energy 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 6 (iii) of Schedule 6 – Other entitlements; and

•  Clause 6 (iv) of Schedule 6 – Other entitlements.

However, noting clause 5(b) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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Annexure A