Cruise Whitsundays Pty. Ltd T/A Cruise Whitsundays

[2019] FWCA 1492

[2019] FWCA 1492

FAIR WORK COMMISSION

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

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Annexure A