DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Captain Cook Cruises Pty Ltd T/A Captain Cook Cruises
(AG2015/1142)

CAPTAIN COOK CRUISES MURRAY RIVER CRUISE VESSEL ENTERPRISE AGREEMENT 2015

Marine tourism and charter vessels
COMMISSIONER HAMPTON	ADELAIDE, 26 MAY 2015

Application for approval of the Captain Cook Cruises Murray River Cruise Vessel Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Captain Cook Cruises Murray River Cruise Vessel Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Captain Cook Cruises Pty Ltd T/A Captain Cook Cruises. The Agreement is a single-enterprise agreement.

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

[3] The Maritime Union of Australia, 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) of the Act 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 2 June 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Captain Cook Cruises Pty Ltd, trading as Captain Cook Cruises, applied for the approval of the Enterprise Agreement 2015. The agreement concerned the employment conditions of the company's crew members who operate the Murray River cruise vessels. The primary dispute centred on whether the terms and conditions outlined in the agreement met the legal requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement provided for a fair and reasonable rate of pay, appropriate conditions, and adequate consultation processes as mandated by the Act. The company argued that the proposed conditions were necessary to maintain competitiveness and ensure the financial viability of the business. In contrast, the employees' representative contended that certain provisions did not adequately protect workers' entitlements and rights.

After examining the submissions from both parties and reviewing relevant legislative provisions, the Commission found that the agreement generally met the legal standards for approval. However, it identified some areas requiring amendment to better align with the statutory requirements for fairness and reasonableness. The Commission made specific recommendations for changes to ensure compliance with the Act. The parties were given a timeframe to negotiate and amend the agreement accordingly.

Captain Cook Cruises Pty Ltd T/A Captain Cook Cruises

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established