austlii:cth/FWCA/2026/439
General information, not legal advice.
FWCA
2026-02-19
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Tt-Line Company Pty Ltd Trading AS Spirit Of Tasmania
TT-LINE SHIPWRIGHTS, PURSERS AND SAFETY & ENVIRONMENT OFFICERS ENTERPRISE AGREEMENT 2025
Application for approval of the TT-Line Shipwrights, Pursers and Safety & Environment Officers Enterprise Agreement 2025
[1] TT-Line Company Pty Ltd (ABN: 39 061 996 174) has applied for approval of an enterprise agreement known as the TT-Line Shipwrights, Pursers and Safety & Environment Officers 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 the following clauses are likely to be inconsistent with the National Employment Standards:
- Clause 18.1(f) - Personal leave (evidence)
- Clause 20 - Compassionate leave
[4] Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
[5] The Employer has provided written undertakings. 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.
[6] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[7] The Agreement does not contain a consultation term that meets the requirements of the Act. Under s 202(4) and Clause 107 of Schedule 1 of the Act, the model consultation term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.
[8] The Agreement does not contain a delegates' rights term as required by s 205A(1) of the Act. 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.
[9] The Australian Maritime Officers' Union (AMOU) 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 AMOU.
[10] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 26 February 2026.
[11] In accordance with clause 4.1, the nominal expiry date of the Agreement is 30 June 2026.
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