Fantasea Pty Ltd T/A Fantasea Pty Ltd
[2023] FWCA 943
•29 MARCH 2023
| [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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