DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Van Diemen Aquaculture Pty Ltd
(AG2015/7525)

VAN DIEMEN AQUACULTURE - MARINE OPERATIONS ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 24 DECEMBER 2015

Application for approval of the Van Diemen Aquaculture - Marine Operations Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Van Diemen Aquaculture – Marine Operations Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Van Diemen Aquaculture Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Australian Workers’ 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2015. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Van Diemen Aquaculture Pty Ltd applied for approval of the Van Diemen Aquaculture - Marine Operations Enterprise Agreement 2015. The agreement sought to regulate the terms and conditions of employment for the company's marine operations employees. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the procedural requirements set out in the Fair Work Act and whether the agreement provided for terms and conditions that met the "better off overall test". This test required the Commission to consider whether employees would be better off overall with the agreement than without it.

The Commission found that the agreement had been made in good faith and that the necessary procedural requirements were met. It further found that employees would be better off overall with the agreement, considering factors such as wage increases, improved working conditions, and better dispute resolution mechanisms. Therefore, the Commission approved the agreement.

As a result, the Van Diemen Aquaculture - Marine Operations Enterprise Agreement 2015 was approved and became legally binding on the parties. The agreement was set to commence on the first day of the first pay period after the approval date.

Van Diemen Aquaculture 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