Mark Davis T/A Kingfisher Ferry Services
[2025] FWCA 429
•3 FEBRUARY 2025
| [2025] FWCA 429 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Mark Davis T/A Kingfisher Ferry Services
(AG2024/4333)
KINGFISHER FERRY SERVICES ENTERPRISE AGREEMENT 2024
| Passenger vehicle transport (non rail) industry | |
| COMMISSIONER THORNTON | ADELAIDE, 3 FEBRUARY 2025 |
Application for approval of the Kingfisher Ferry Services Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Kingfisher Ferry Services Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kingfisher Group Pty Ltd T/A Kingfisher Ferry Services (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 ,188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Pursuant to sections 193(6) and (6A) of the Act, I have had regard to the submissions of the Applicant that the patterns of work performed are those set out in the attached undertaking. I accept the Applicant’s submission that it is not reasonably foreseeable that work performed will differ from the roster pattern included in the undertaking. For completeness, I note the terms of section 227A of the Act that allows the Commission, in certain circumstances, to reconsider whether the Agreement passes the better off overall test if there are changes to the patterns of work at a later time.
Noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement does not contain a Delegates’ Rights Term, as required by s 205A(1) of the Act. Under s.205A(2), the Workplace Delegates’ Rights term in Clause 25A of the Ports, Harbours and Enclosed Water Vessels Award 2020 is taken to be a term of the Agreement.
The Agreement is approved and will operate in accordance with s.54 of the Act from 10 February 2025. The nominal expiry date of the Agreement is 3 February 2029.
COMMISSIONER
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