CPC Services (NQ) Pty Ltd T/A Coral Expeditions

[2025] FWCA 72

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CPC Services (NQ) Pty Ltd T/A Coral Expeditions

(AG2024/4834)

CORAL EXPEDITIONS SHIP CREW ENTERPRISE AGREEMENT 2023

Maritime industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 9 JANUARY 2025

Application for approval of the Coral Expeditions Ship Crew Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Coral Expeditions Ship Crew Enterprise Agreement 2023 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by CPC Services (NQ) Pty Ltd T/A Coral Expeditions (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

The Maritime Union of Australia (Division of the Construction, Foresty and Maritime Employees Union), the Australian Institute of Marine and Power Engineers and the Australian Maritime Officers Union, being bargaining representatives for the Agreement, have each 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 each organisation.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 16 January 2025. The nominal expiry date of the Agreement is 16 January 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CPC Services (NQ) Pty Ltd, trading as Coral Expeditions, applied for the approval of the Coral Expeditions Ship Crew Enterprise Agreement 2023. The application was made to the Fair Work Commission, which was tasked with assessing whether the proposed agreement met the statutory requirements for registration. The Commission's decision hinged on whether the agreement was made in good faith, free from any improper conduct or coercion, and whether it provided for the proper operation of the enterprise.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated between the parties and whether it complied with the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained the required minimum terms and conditions, and whether any terms were unfair. Additionally, the Commission assessed whether the agreement was made in good faith and free from any undue influence or improper conduct.

The Commission found that the agreement was genuinely negotiated and met all statutory requirements. It was concluded that the agreement was made in good faith and did not contain any terms that were unfair. The Commission was satisfied that the agreement provided for the proper operation of the enterprise and complied with the Fair Work Act 2009. Consequently, the application for approval was successful.

The Fair Work Commission approved the Coral Expeditions Ship Crew Enterprise Agreement 2023, subject to the terms and conditions set out in the agreement. The approval is effective from the date of the decision and will be registered with the Commission. The agreement will now govern the employment terms and conditions of the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established