Noorton Pty Ltd t/a Manly Fast Ferry

Noorton Pty Ltd t/a Manly Fast Ferry sought approval of an enterprise agreement from the Fair Work Commission for its employees involved in Sydney Harbour services and marine tourism activities. The employer had engaged in protracted negotiations with its employees over two and a half years, including a final round of negotiations with employees directly. The employees, all employed as casuals, consistently indicated that the Ports, Harbours, Enclosed Waters Award would apply if the agreement was not approved. The employer had a NSW Government contract for commuter ferry services and was also involved in marine tourism activities such as whale watching. The matter was before the Commission for the approval of the enterprise agreement.

The legal issues before the Commission included whether the Notice of Employee Representational Rights was validly issued, whether the employees genuinely agreed to the agreement, whether the employees who voted were eligible and would be covered by the agreement, and whether the agreement met the Better Off Overall Test. The Commission found that there was no doubt as to the identity of the employer, and no issues as to whether the agreement was genuinely agreed by the employees. The employees who voted were long-standing casual employees who were regularly engaged and were eligible to vote and would be covered by the agreement. The Commission conducted detailed Better Off Overall Test comparisons with rosters and timesheets and found that some lesser benefits compared to the Ports Award were outweighed by benefits such as higher rates of pay and optional permanent conversion. The agreement satisfied the Better Off Overall Test in respect to existing and future employees, whether permanent full-time or part-time. Some minor undertakings were sought for clarity, and the views of bargaining representatives were to be sought before final approval of the agreement.

The Fair Work Commission approved the enterprise agreement subject to minor undertakings for clarity and sought the views of bargaining representatives before final approval. The employer must address the minor undertakings and provide the views of bargaining representatives to the Commission. The agreement will provide certainty to the employees and the employer in terms of wages, conditions, and dispute resolution mechanisms.