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[9]
austlii:cth/FWCA/2025/1601
General information, not legal advice.
FWCA
2025-05-22
Original judgment source is linked above.
s.185 - Enterprise agreement
TASCO CARRIERS BULK TANKER OPERATIONS AGREEMENT 2024
Application for approval of the TASCO Carriers Bulk Tanker Operations Agreement 2024
[1] Tasco Carriers Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the TASCO Carriers Bulk Tanker Operations Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.
[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 22 April 2024 and the Agreement was made on 16 April 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
[3] 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. The undertakings are taken to be a term of the Agreement.
[4] On the basis of the material contained in the application, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.
[5] Pursuant to s.205A(2) of the FW Act, the workplace delegates' rights term prescribed by the Road Transport and Distribution Award 2020 is taken to be a term of the Agreement.
[6] The Transport Workers' Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.
[7] The Agreement is approved on 22 May 2025 and, in accordance with s.54 of the FW Act, will operate from 29 May 2025. The nominal expiry date of the Agreement is 28 May 2029.
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