RiverCity Ferries Pty Ltd

[2025] FWCA 2632

The attached document replaces the document previously issued with the above code on 7 August 2025.

The references to the name of the Agreement in the Decision have been amended to reflect the title clause of the Agreement.

Associate to Commissioner Hunt

Dated 8 August 2025

[2025] FWCA 2632

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

RiverCity Ferries Pty Ltd

(AG2025/2365)

RIVERCITY FERRIES PTY LTD WORKSHOP AND ASSOCIATED EMPLOYEES ENTERPRISE AGREEMENT - 2025-2029

Passenger vehicle transport (non rail) industry
COMMISSIONER HUNT	BRISBANE, 7 AUGUST 2025

Application for approval of the RiverCity Ferries Pty Ltd Workshop and Associated Employees Enterprise Agreement - 2025-2029

RiverCity Ferries Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the RiverCity Ferries Pty Ltd Workshop and Associated Employees Enterprise Agreement - 2025-2029 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 4 February 2025 and the Agreement was made on 16 July 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 August 2025. The nominal expiry date of the Agreement is 7 August 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

The matter before the Fair Work Commission involved RiverCity Ferries Pty Ltd and the Maritime Officers' Association. The company sought approval for a proposed enterprise agreement intended to govern employment terms for a period of 2025 to 2029. The dispute centred around whether the agreement complied with the Fair Work Act 2009 and related industrial instruments. The Commission was tasked with determining whether the agreement met the criteria for approval, including its alignment with the better-off-overall test and the provisions for fair and reasonable terms.

The primary legal issues included assessing the proposed agreement's compliance with the statutory requirements outlined in the Fair Work Act. This included an examination of whether the agreement provided terms and conditions that were fair and reasonable, and whether it met the better-off-overall test. The Commission also needed to ensure the agreement did not undermine the fundamental rights of employees and that it adhered to relevant awards and agreements. Another significant aspect was verifying that the agreement was negotiated in good faith and did not unfairly disadvantage any party.

In delivering its decision, the Fair Work Commission conducted a detailed analysis of the proposed agreement. The Commission found that the agreement was negotiated in good faith and contained terms and conditions that were fair and reasonable. It determined that the agreement met the better-off-overall test, providing employees with improved terms and conditions of employment. The Commission also concluded that the agreement did not undermine the fundamental rights of employees and was compliant with the relevant industrial instruments. Based on these findings, the Commission approved the proposed enterprise agreement.

The final orders of the Commission included the approval of the RiverCity Ferries Pty Ltd Workshop and Associated Employees Enterprise Agreement for the period 2025 to 2029. The agreement was set to be registered with the Fair Work Commission, thereby becoming a legally binding instrument governing the terms and conditions of employment for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established