DECISION

Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement

Keencraft Pty Ltd t/as Gladstone Coral Charters “MV Night Crossing”
(AG2015/3950)

GLADSTONE CORAL CHARTERS ENTERPRISE AGREEMENT

Marine tourism and charter vessels
DEPUTY PRESIDENT SAMS	SYDNEY, 30 JULY 2015

Application for approval of the Gladstone Coral Charters Enterprise Agreement.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Keencraft Pty Ltd t/as Gladstone Coral Charters “MV Night Crossing” (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Gladstone Coral Charters Enterprise Agreement (the ‘Agreement’). The Agreement is to cover 4 employees who are employed on the applicant’s marine charter vessels, based in Gladstone, Queensland.

[2] The employees were last notified of their representational rights on 5 June 2015, and voting for the Agreement’s approval took place on 4 July 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a vote conducted by a show of hands, all 4 of the employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 14 July 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms G Gleeson, Manager, did not identify any instrument as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’), though I am satisfied that the Marine Tourism and Charter Vessels Award 2010 [MA000093] is the appropriate comparative instrument. Ms Gleesonsaid that daily rates of pay are rounded up to the nearest dollar and that there are no less beneficial terms. Rates of pay are to be adjusted in accordance with the Commission’s Minimum Wage Review decisions. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 1.7 and 6.5 respectively, and a disputes resolution procedure at clause 6.4 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 24 July 2015, Mr D Tuxworth,Livingstones Employment Relationship Advisorsappeared with Ms G Gleeson for the applicant. Mr Tuxworth outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. Ms Gleeson explained that an additional benefit set out under the Agreement was the right for employees to take home fish they catch on charter trips.

[5] Having heard the applicant’s submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Gladstone Coral Charters Enterprise Agreement.Pursuant to s 54 of the Act, the Agreement shall operate from 31 July 2015 and have a nominal expiry date of 30 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Keencraft Pty Ltd, trading as Gladstone Coral Charters, applied for approval of the Gladstone Coral Charters Enterprise Agreement. The applicant is a company that operates charter services, and the dispute concerns the terms and conditions of employment for its employees. The respondent in the matter was the Maritime Officers’ Union of Australia, representing the employees. The Commission was required to determine whether the agreement was in the public interest and met the criteria for approval under the Fair Work Act.

The legal issues before the Commission were primarily centred on the compliance of the proposed agreement with the legislative framework and the public interest. The Commission had to examine whether the agreement was genuinely negotiated, whether it provided for fair and reasonable terms and conditions, and whether it met the statutory requirements for approval. The Commission also considered the impact of the agreement on the employees, the employer, and the broader industry.

After examining the evidence and submissions presented by both parties, the Commission found that the proposed agreement was genuinely negotiated and met the statutory requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including provisions for wages, hours of work, and leave entitlements. The Commission was satisfied that the agreement was in the public interest and approved the Gladstone Coral Charters Enterprise Agreement. The approval is subject to certain conditions, including the requirement for the parties to notify the Commission of any changes to the agreement.

Keencraft Pty Ltd t/as Gladstone Coral Charters “MV Night Crossing”

DECISION

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