Fantasea Pty Limited T/A Fantasea Cruising

[2020] FWCA 2717

[2020] FWCA 2717

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fantasea Pty Limited T/A Fantasea Cruising
(AG2019/3006)

FANTASEA MASTERS, COXSWAINS AND DECKHANDS ENTERPRISE AGREEMENT 2019

Marine tourism and charter vessels
DEPUTY PRESIDENT BOYCE	SYDNEY, 26 MAY 2020

Application for approval of the Fantasea Masters, Coxswains and Deckhands Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement to be known as the Fantasea Masters, Coxswains and Deckhands Enterprise Agreement 2019 (Agreement). The application is made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Fantasea Pty Limited (Employer). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[3] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Construction, Forestry, Maritime, Mining and Energy Union, and The Australian Maritime Officers’ Union, both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[5] Pursuant to s.594(1)(c) of the Act, I make an order that the employee representative signature contained on the signature page to the Agreement (as published) is to be redacted. 1

[6] Pursuant to s.586(a) of the Act, I grant leave for the typographical error at page 23, Appendix 2, Table 1 (Overtime Table) of the Agreement to be amended from “Public Holiday rate” to “Overtime rate”. The published Agreement reflects this amendment.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 June 2020. The nominal expiry date of the Agreement is 31 July 2022.

[8] This Decision is to be read in conjunction with my Interim Decision in [2020] FWC 2720.

DEPUTY PRESIDENT

 1   See Australian Workers Union v Oji Foodservice[2018] FWCFB 7501 (at [68]); note also Construction, Forestry, Maritime, Mining and Energy Union v Mechanical Maintenance Solutions Pty Ltd[2019] FWCFB 3585 (at [52]).

Printed by authority of the Commonwealth Government Printer

<AE508122  PR719616>