DECISION

Fair Work Act 2009
s.160—Variation of modern award

Australian Southern Bluefin Tuna (SBT) Industry Association Ltd
(AM2017/46)

PORTS, HARBOURS AND ENCLOSED WATER VESSELS AWARD 2010
[MA000052]

Application to vary the Ports, Harbours and Enclosed Water Vessels Award 2010 to remove ambiguity or uncertainty or to correct an error – Fair Work Act 2009 (Cth) s.160 – coverage – wild catch fishing industry – modified definition.

[1] On 10 November 2017, we issued a decision 1 indicating that we were inclined to make the variations to the Ports, Harbours and Enclosed Water Vessels Award 20102 (the Ports Award) sought by the Australian Southern Bluefin Tuna (SBT) Industry Association Ltd (ASBTIAL). Those variations seek to remove ambiguity or uncertainty or to correct an error in relation to whether the wild catch fishing industry is covered by the Ports Award, by expressly excluding it from that award’s coverage.

[2] We gave interested parties four weeks from the date of that decision to make any submissions they wished about whether ASBTIAL’s proposed variations should be made, including about the form of any determination and, in particular, the definition of ‘wild catch fishing industry’. We did not receive any such submissions.

[3] Accordingly, we will vary the Ports Award. The substance of the variation is as proposed by ASBTIAL. However, for clarity, we have modified the definition of ‘wild catch fishing industry’. For the reasons given in our earlier decision, we are satisfied that this variation will correct an error for the purposes of s.160(1) of the Fair Work Act 2009 (Cth). A draft determination reflecting the modified definition will issue concurrently with this decision. Interested parties have one week from the date of this decision to comment on that draft determination.

[4] We affirm the view expressed in our earlier decision 3 that the wild catch fishing industry should remain award-free subsequent to any variations that may be made in future to amalgamate the Ports Award with other modern awards.

SENIOR DEPUTY PRESIDENT

 1   [2017] FWCFB 5273.

 2   MA000052.

 3   [2017] FWCFB 5273 [34].

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