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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved CC & EM Pike Pty Ltd, trading as Tura Charters, and the Maritime Officers’ Union of Australia (MOUA). The matter related to the application for the approval of the Tura Charters Enterprise Agreement 2015. The dispute arose from the need to determine whether the agreement, which was intended to cover employees working on MV Tura and MV Easter Voyager, complied with the relevant industrial laws. The FWC was tasked with reviewing the agreement to ensure it met the necessary standards and was fair and appropriate.

The central legal issues before the FWC were whether the enterprise agreement was a "genuine agreement" and whether it was made in accordance with the applicable industrial laws. The FWC had to consider if the agreement was reached through genuine bargaining and if it was fair and reasonable in all its terms. Additionally, the FWC needed to determine if the agreement complied with the requirements of the Fair Work Act 2009 and whether it appropriately addressed the rights and obligations of both the employer and employees.

In its decision, the FWC thoroughly examined the evidence provided and the processes followed in the negotiation of the agreement. The FWC found that the agreement was genuinely negotiated between the parties and that it was fair and reasonable. The FWC also confirmed that the agreement complied with all relevant industrial laws. The FWC was satisfied that the agreement appropriately addressed the rights and obligations of both parties and was in the best interests of the employees. Consequently, the FWC approved the Tura Charters Enterprise Agreement 2015.

The FWC's final order was that the Tura Charters Enterprise Agreement 2015 be approved. The agreement was to apply to the employees of CC & EM Pike Pty Ltd trading as Tura Charters, covering the operations of MV Tura and MV Easter Voyager. This decision provided clarity and certainty for the employer and employees, ensuring that the terms of the agreement would be legally binding and enforceable.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established