| [2023] FWCA 943 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Fantasea Pty Ltd T/A Fantasea Pty Ltd
(AG2023/612)
FANTASEA MASTERS, COXSWAINS AND DECKHANDS ENTERPRISE AGREEMENT 2022
| Marine tourism and charter vessels | |
| COMMISSIONER P RYAN | SYDNEY, 29 MARCH 2023 |
Application for approval of the Fantasea Masters, Coxswains and Deckhands Enterprise Agreement 2022
Fantasea Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Fantasea Masters, Coxswains and Deckhands Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Section 190 Undertakings
The Employer 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. The undertakings are taken to be a term of the Agreement.
Sections 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met.
Section 183 Bargaining representatives
The Australian Maritime Officers’ Union (AMOU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.
In accordance with s.201(2) of the FW Act, I note that the Agreement covers the AMOU and the CFMMEU.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 5 April 2023. The nominal expiry date of the Agreement is 31 July 2026.
COMMISSIONER
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- AGLC
- Fantasea Pty Ltd T/A Fantasea Pty Ltd [2023] FWCA 943
- Case
- [2023] FWCA 943
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission involved determining whether the agreement contained terms that provided for fair and reasonable pay and conditions for the employees, whether it met the requirements for enterprise agreements under the Fair Work Act, and whether it appropriately balanced the interests of the employer and the employees. The Commission also had to consider whether the agreement was made without any improper conduct and whether it provided for effective dispute resolution mechanisms.
The Fair Work Commission found that the agreement met the necessary criteria for approval. It was concluded that the agreement provided for fair and reasonable terms and conditions for the employees, including appropriate rates of pay, hours of work, and other employment conditions. The Commission determined that the agreement was made without any improper conduct and included effective mechanisms for resolving disputes between the parties. The Commission approved the agreement, emphasising the importance of the balance achieved between the rights and interests of the employer and the employees.
The Fair Work Commission approved the Fantasea Masters, Coxswains and Deckhands Enterprise Agreement 2022, effective from the date of the decision. The approval ensures that the agreement will govern the employment conditions for the relevant maritime workers for the specified period.
Orders
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Background
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Evidence
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