austlii:cth/FWCA/2025/4295
General information, not legal advice.
FWCA
2025-12-22
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
TT-LINE SHORE BASED EMPLOYEES ENTERPRISE AGREEMENT 2025
Application for approval of the TT-Line Shore Based Employees Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the TT-Line Shore Based Employees Enterprise Agreement 2025 (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 (TT-Line). The Agreement is a single enterprise agreement.
[2] In response to several issues raised with TT-Line in relation to its application, it has provided written undertakings, a copy of which are attached in Annexure A. The views of the bargaining representatives were sought in relation to these undertakings, to which no objection was raised. 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.
[3] The undertakings relate to:
The operation of the National Employment Standards;
Annualised salaries and reconciliation
The operation of the National Employment Standards
[4] TT-Lines has provided an undertaking in relation to the interaction between the Agreement and the NES - the NES precedence clause. This undertaking, which is taken to be a term of the Agreement pursuant to s 191(1) of the Act, provides that where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of any inconsistency.
[5] On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:
Personal / carer's leave - notification of absence (clause 22.4 of the Agreement); and
Long Service Leave (clause 26 of the Agreement)
[6] 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.
[7] The Construction, Forestry and Maritime Employees Union - The Maritime Union of Australia Division (MUA) 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 MUA.
[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.
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