DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cruise Whitsundays Pty. Ltd T/A Cruise Whitsundays
(AG2018/4859)

CRUISE WHITSUNDAYS MARINE ENTERPRISE AGREEMENT 2018

Marine tourism and charter vessels
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 MARCH 2019

Application for approval of the Cruise Whitsundays Marine Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cruise Whitsundays Marine Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cruise Whitsundays Pty. Ltd T/A Cruise Whitsundays. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement was approved on 7 March 2019 and, in accordance with s.54, will operate from 14 March 2019. The nominal expiry date of the Agreement is 14 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cruise Whitsundays Pty. Ltd, trading as Cruise Whitsundays, applied to the Fair Work Commission for the approval of the Cruise Whitsundays Marine Enterprise Agreement 2018. The application involved determining whether the agreement met the statutory requirements under the Fair Work Act 2009 and ensuring it provided fair and reasonable terms and conditions for employees.

The legal issues before the court were primarily centred on whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. This included assessing if the agreement was made in good faith, whether it contained minimum terms and conditions, and if it was certified by the Australian Building and Construction Commission (ABCC) as a certified agreement. Additionally, the court examined if the agreement adequately covered the specified employees and if it was fair and reasonable in all its terms.

The Fair Work Commission determined that the Cruise Whitsundays Marine Enterprise Agreement 2018 met all the statutory requirements. It found that the agreement was made in good faith and contained the minimum terms and conditions as stipulated by the Fair Work Act. Furthermore, the agreement was certified by the ABCC, fulfilling the procedural prerequisites. The court also found that the agreement was fair and reasonable, covering the specified employees and addressing their terms and conditions of employment comprehensively.

Consequently, the Fair Work Commission approved the Cruise Whitsundays Marine Enterprise Agreement 2018. The approval was based on the findings that the agreement complied with all relevant legal requirements and provided fair and reasonable terms for the employees involved. This decision ensured that the agreement could be implemented as the basis for employment conditions between Cruise Whitsundays and its marine employees.

Cruise Whitsundays Pty. Ltd T/A Cruise Whitsundays

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established