CC & EM Pike Pty Ltd ATF The Pike Family Trust t/as Tura Charters - MV Tura & MV Easter Voyager

[2015] FWCA 4655

[2015] FWCA 4655

FAIR WORK COMMISSION

DECISION

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

CC & EM Pike Pty Ltd ATF The Pike Family Trust t/as Tura Charters - MV Tura & MV Easter Voyager
(AG2015/3687)

TURA CHARTERS ENTERPRISE AGREEMENT 2015

Marine tourism and charter vessels
DEPUTY PRESIDENT SAMS	SYDNEY, 9 JULY 2015

Application for approval of the Tura Charters Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by CC & EM Pike Pty Ltd as Trustee for The Pike Family Trust t/as Tura Charters – MV Tura & MV Easter Voyager (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Tura Charters Enterprise Agreement 2015 (the ‘Agreement’). The Agreement is to cover 5 employees who are employed on the applicant’s marine charter vessels, based in Gladstone, Queensland.

[2] The employees were last notified of their representational rights on 12 May 2015 and voting for the Agreement’s approval took place on 21 June 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, all 4 of the employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 25 June 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms E Pike, Office Manager, identified the Marine Tourism and Charter Vessels Award 2010 [MA000093] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Pikesaid that the Agreement provides for higher rates of pay, than the terms of the Award and that there are no less beneficial terms. Rates of pay are to be adjusted in accordance with the Commission’s Minimum Wage Review decisions. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 1.7 and 6.5 respectively, and a disputes resolution procedure at clause 6.4 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 7 July 2015, Mr D Tuxworth and Mr L Moloney of Livingstones Employment Relationship Advisorsappeared for the applicant. Mr Tuxworth outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. Interestingly, he explained that an additional benefit set out under the Agreement was the right for employees to take home any fish they caught on charter trips, some of which were worth approximately $50 per kilogram.

[5] Having heard the applicant’s submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Tura Charters Enterprise Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 14 July 2015 and have a nominal expiry date of 13 July 2019.

DEPUTY PRESIDENT

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