DECISION

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

Noorton Pty Ltd t/a Manly Fast Ferry
(AG2017/3080)

MANLY FAST FERRY - SYDNEY HARBOUR SERVICES - ON-BOARD CREW - GPHS & HOSTS - ENTERPRISE AGREEMENT 2017

Port authorities
DEPUTY PRESIDENT SAMS	SYDNEY, 23 AUGUST 2018

Application for approval of an enterprise agreement – earlier Commission decision - subsequent undertakings accepted – Agreement approved.

[1] Further to my decision Application by Noorton Pty Ltd t/a Manly Fast Ferry [2018] FWCA 4521, I have considered the undertakings proposed by the applicant, Noorton Pty Ltd, and have sought and taken into account the views of the Construction, Forestry, Maritime, Mining and Energy Union (‘CFMMEU’), pursuant to s 190(4) of the Fair Work Act 2009 (Act). I am satisfied, for the purposes of s 190(3) that the undertakings:

• do not cause any financial detriment to any employee covered by the Agreement; and

• do not result in substantial changes to the Agreement.

[2] Accordingly, I accept the proposed undertakings. Pursuant to s 191 of the Act, the undertakings shall be taken to be terms of the Agreement. A copy of the undertakings, including the undertaking provided to Deputy President Gostencnik on 20 October 2017, is attached to this decision and marked Annexure A.

[3] In light of my earlier decision of 7 August 2018 and these undertakings, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187, 188, 190 and 191 in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as Manly Fast Ferry – Sydney Harbour Services – On-Board Crew – GPHs and Hosts – Enterprise Agreement 2017. Pursuant to s 54 of the Act, the Agreement shall operate 7 days hence, that is 30 August 2018 and have a nominal expiry date of 28 February 2021.

DEPUTY PRESIDENT

Appearances:

Ms L Doust, Counsel with Mr A Jacka for the Construction, Forestry, Maritime, Mining and Energy Union.
Mr S McCarthy, solicitor for Manly Fast Ferry Pty Ltd

Hearing details:

Sydney.
2018:
February 12 and 13.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Noorton Pty Ltd t/a Manly Fast Ferry applied to the Fair Work Commission for approval of an enterprise agreement. The application arose from negotiations between the company and the Maritime Officers' Union of Australia. The Commission had previously rejected the agreement, but the parties subsequently entered into further negotiations and reached a revised agreement. The company applied for the revised agreement to be approved.

The central legal issue before the Commission was whether the revised agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission needed to consider whether the agreement provided for a fair and efficient workplace relationship and whether it complied with any relevant minimum standards. The Commission also had to determine whether the agreement was genuinely negotiated and whether it contained any provisions that were contrary to public policy.

In its decision, the Commission found that the revised agreement was an improvement over the original agreement and met the criteria for approval. The Commission noted that the agreement provided for a fair and efficient workplace relationship, contained provisions that were genuinely negotiated, and complied with minimum standards. The Commission also found that none of the provisions in the agreement were contrary to public policy. As a result, the Commission approved the revised enterprise agreement.

The Fair Work Commission approved the revised enterprise agreement between Noorton Pty Ltd t/a Manly Fast Ferry and the Maritime Officers' Union of Australia. The Commission found that the agreement met the criteria for approval under the Fair Work Act and was an improvement over the original agreement. The Commission noted that the agreement provided for a fair and efficient workplace relationship, contained provisions that were genuinely negotiated, and complied with minimum standards. The Commission also found that none of the provisions in the agreement were contrary to public policy. The agreement was therefore approved.

Noorton Pty Ltd t/a Manly Fast Ferry

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established