DECISION

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

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

Variation of 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 – determination issued.

[1] In our decision of 17 January 2018, 1 we gave interested parties one week to comment on the draft determination that was issued concurrently with the decision.

[2] The only submission we received was from The Australian Workers’ Union (AWU). This was filed on 25 January 2018. The AWU proposed the following definition of ‘wild catch fishing industry’:

‘wild catch fishing industry means the commercial operation by an employer of wild catching of fish and other seafood that has grown to maturity in its natural environment. It does not include operations covered by the Aquaculture Industry Award 2010.’ [our emphasis]

The AWU submitted that ‘[t]he addition of the word “wild” may assist in ensuring disputes don’t arise about whether a fish farming site in an ocean, river, or lake could constitute a “natural environment”’.

[3] We have considered the AWU’s submission, but do not agree that the proposed change clarifies the definition. In our view, the exclusion of operations covered by the Aquaculture Industry Award 2010 2 is sufficient to distinguish the wild catch fishing industry from the farming of fish and other seafood, wherever the farm is located. We therefore will not adopt that proposed change.

[4] Our determination to vary the Ports, Harbours and Enclosed Water Vessels Award 2010 3 issues concurrently with this decision.

SENIOR DEPUTY PRESIDENT

<MA000052  PR599969 >

 1   [2018] FWCFB 368.

 2   MA000114.

 3   MA000052.

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