DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pennicott Wilderness Journeys Pty Ltd T/A Pennicott Wilderness Journeys
(AG2019/4786)

PENNICOTT WILDERNESS JOURNEYS ENTERPRISE AGREEMENT 2018

Marine tourism and charter vessels
COMMISSIONER WILSON	MELBOURNE, 21 JANUARY 2020

Application for approval of the Pennicott Wilderness Journeys Enterprise Agreement 2018.

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

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2020. The nominal expiry date of the Agreement is 21 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application for approval of the Pennicott Wilderness Journeys Enterprise Agreement 2018 was brought before the Fair Work Commission by Pennicott Wilderness Journeys Pty Ltd T/A Pennicott Wilderness Journeys. The dispute revolved around the approval of an enterprise agreement that had been negotiated between the company and its employees. The employees were represented by the Maritime and Transport Workers Union. The Commission had to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issue before the Fair Work Commission was whether the enterprise agreement complied with the provisions of the Fair Work Act, particularly section 230, which outlines the criteria for the approval of an enterprise agreement. The Commission had to examine whether the agreement was fairly negotiated and whether it contained the necessary minimum terms and conditions as prescribed by the Act. Additionally, the Commission considered whether the agreement was in the best interests of the employees and whether it provided for adequate protection of employee rights.

The Fair Work Commission found that the enterprise agreement met all the statutory requirements for approval. The Commission determined that the agreement had been fairly negotiated, contained the necessary minimum terms and conditions, and was in the best interests of the employees. The agreement provided for adequate protection of employee rights, including provisions for working hours, leave entitlements, and dispute resolution mechanisms. Consequently, the Commission approved the enterprise agreement under section 230 of the Fair Work Act 2009.

The Fair Work Commission approved the Pennicott Wilderness Journeys Enterprise Agreement 2018, confirming its compliance with the Fair Work Act. The agreement was set to take effect from the date of the Commission's approval, and the parties were directed to give written notice of the approved agreement to all employees covered by it. The approval of the agreement ensured that it would be binding on all employees and employers who were parties to the agreement.

Pennicott Wilderness Journeys Pty Ltd T/A Pennicott Wilderness Journeys

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established