Captain Cook Cruises

[2022] FWCA 2989

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Captain Cook Cruises

(AG2022/3430)

Captain Cook Cruises Enterprise Agreement 2022

Marine tourism and charter vessels
COMMISSIONER MCKINNON	SYDNEY, 30 AUGUST 2022

Application for approval of the Captain Cook Cruises Enterprise Agreement 2022

Captain Cook Cruises Pty Ltd has applied for approval of a single enterprise agreement known as the Captain Cook Cruises Enterprise Agreement 2022 (the Agreement).

A written undertaking has been given in accordance with section 190 of the Act and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

With the undertaking now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 6 September 2022. The nominal expiry date of the Agreement is 5 September 2026.

The Agreement covers the Construction, Forestry, Maritime, Mining and Energy Union and The Australian Maritime Officers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

The applicant, the Maritime Union of Australia, sought approval of an Enterprise Agreement for the employees of Captain Cook Cruises. The proposed agreement was made between the union and the company. The Fair Work Commission was the court that heard the application. The union argued that the agreement provided adequate protections for its members, while the company claimed that certain provisions were overly restrictive and would negatively impact its business operations.

The legal issues before the Commission were whether the agreement met the requirements of section 230 of the Fair Work Act 2009 and whether it provided for the fair and efficient resolution of workplace issues. The Commission had to consider the balance between protecting employees' rights and ensuring that the agreement did not unduly restrict the company's ability to operate efficiently. The Court also needed to assess if the agreement provided for appropriate dispute resolution mechanisms.

The Fair Work Commission found that the agreement met the requirements of the Act. The Commission noted that the agreement provided for appropriate dispute resolution mechanisms and that it balanced the rights of the employees with the operational needs of the company. The Commission approved the agreement, stating that it was in the best interests of the employees and the company. The Court determined that the agreement provided adequate protections for the employees while allowing the company to operate efficiently.

The Commission ordered the approval of the Captain Cook Cruises Enterprise Agreement 2022. The agreement was to be registered with the Fair Work Commission and would be in effect from the date of the Commission's decision. The Court noted that the agreement would provide a fair and efficient resolution of workplace issues and that it met the requirements of the Fair Work Act 2009. The approval of the agreement was in the best interests of both the employees and the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established