TT-LINE COMPANY PTY LTD & MUA SEAGOING EMPLOYEES, RETAIL & HOSPITALITY MANAGEMENT & IN-PORT WORKERS ENTERPRISE AGREEMENT 2025

Application for approval of the TT-Line Company Pty Ltd & MUA Seagoing Employees, Retail & Hospitality Management & In-Port Workers Enterprise Agreement 2025

[1] TT-Line Company Pty Ltd has applied 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 2025 under s 185 of the Fair Work Act 2009 (Cth).

[2] The Agreement is a single enterprise agreement.

[3] I observe that Clause 18.1(f) regarding personal leave is likely to be inconsistent with the National Employment Standards: Clause 5(b) of the Agreement gives precedence to the NES and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement does not contain a consultation term that meets the requirements of the Act. Under s.205(2) and Clause 107 of Schedule 1 of the Act, the model consultation term as prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement's delegates' rights term in clauses 38 and 39 are less favourable than the term in the award because it does not include all specific terms under the Award. Under s 205A(2) of the Act, the workplace delegates' rights term in Clause 25A of the Seagoing Industry Award 2020 is taken to be a term of the Agreement.

[6] The Maritime Union of Australia, a Division of the Construction, Forestry and Maritime Employees' Union (MUA) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the MUA.

[7] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 25 February 2026.

[8] In accordance with Clause 4(c), the nominal expiry date of the Agreement is 30 June 2026.

[9] Section 218A of the Act allows the Commission to correct or amend obvious errors, defects or irregularities. It is a discretionary power, and the Commission must first be satisfied that the identified errors or amendments sought are obvious errors, defects or irregularities.

[10] At the time of lodgement of the approval application, TT-Line also applied for the Commission to correct the name of the union in Clauses 3 (Scope and Parties Bound) and 47 (Signatories) of the proposed Agreement under s 218A of the Act.

[11] I am satisfied that the amendments should be made and that it is appropriate to do so in accordance with s 218A. The variation will operate from the date the Agreement commences.

[12] The Agreement attached to this Decision is the Agreement as varied and will operate from 25 February 2026.

[13] The nominal expiry date of the Agreement as varied is 30 June 2026.

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