DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Captain Cook Cruises Pty Ltd
(AG2019/1034)

MURRAY RIVER CRUISE VESSEL ENTERPRISE AGREEMENT 2018

Marine tourism and charter vessels
COMMISSIONER JOHNS	SYDNEY, 8 MAY 2019

Application for approval of the Captain Cook Cruises Murray River Cruise Vessel Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Captain Cook Cruises Murray River Cruise Vessel Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Captain Cook Cruises Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case are Captain Cook Cruises Pty Ltd, represented by the Fair Work Commission, and various employees represented by the Maritime Union of Australia. The dispute revolves around the approval of the Captain Cook Cruises Murray River Cruise Vessel Enterprise Agreement 2018. The Fair Work Commission heard the application for approval of this agreement. The legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was made in accordance with the principles of good faith bargaining.

The Commission examined the process by which the agreement was negotiated, the provisions of the agreement itself, and whether the agreement met the criteria for approval as set out in the legislation. The Commission considered the evidence presented by both parties and the relevant statutory provisions. It found that the agreement had been negotiated in good faith and that all procedural requirements had been met. The Commission also considered whether the terms and conditions of the agreement were fair and reasonable, taking into account the need to maintain a productive and efficient workplace. After careful consideration, the Commission determined that the agreement was fair and appropriate.

The Fair Work Commission approved the Captain Cook Cruises Murray River Cruise Vessel Enterprise Agreement 2018. The approval was based on the findings that the agreement was negotiated in good faith, met all procedural requirements, and contained fair and reasonable terms and conditions. The decision ensures that the employees of Captain Cook Cruises are covered by a valid enterprise agreement, providing them with protections and benefits as outlined in the agreement.

Captain Cook Cruises Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established