DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Frontline Australasia Pty Ltd T/A Frontline Australasia
(AG2018/6744)

FRONTLINE AUSTRALASIA PTY LTD ENTERPRISE BARGAINING AGREEMENT 2018

Marine tourism and charter vessels
COMMISSIONER LEE	MELBOURNE, 7 FEBRUARY 2019

Application for approval of the Frontline Australasia Pty Ltd Enterprise Bargaining Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Frontline Australasia Pty Ltd Enterprise Bargaining 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 Frontline Australasia Pty Ltd T/A Frontline Australasia. The Agreement is a single enterprise agreement.

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

[3] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 14.2 - Notice of Termination.

However, noting clause 6.3 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2019. The nominal expiry date of the Agreement is 1 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Frontline Australasia Pty Ltd T/A Frontline Australasia was the applicant in a case before the Fair Work Commission, seeking approval of their Enterprise Bargaining Agreement (EBA) for the year 2018. The dispute arose from the negotiation process and the terms included within the proposed agreement. The Commission was tasked with assessing whether the EBA met the requirements of the Fair Work Act 2009 and if it was fair and reasonable for the employees covered by the agreement.

The central legal issues before the Commission involved the procedural fairness of the bargaining process, the compliance of the agreement with statutory obligations, and whether the terms of the EBA were fair and reasonable. The Commission had to determine if there was genuine negotiation between the parties, if the agreement met the criteria for good faith bargaining, and if the terms provided a fair and reasonable outcome for the employees.

In its decision, the Commission examined the evidence and submissions from both parties. It found that the negotiation process was conducted in good faith and that the agreement met the necessary criteria for approval. The Commission was satisfied that the EBA was fair and reasonable, taking into account the economic circumstances and the needs of the employees. As a result, the Commission approved the Frontline Australasia Pty Ltd Enterprise Bargaining Agreement 2018.

The final orders of the Commission were that the Frontline Australasia Pty Ltd Enterprise Bargaining Agreement 2018 be approved as a registered EBA under section 173 of the Fair Work Act 2009. The agreement was to be registered from the date of the decision, and it would apply to the employees covered by the agreement from that date.

Frontline Australasia Pty Ltd T/A Frontline Australasia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established