DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

RiverCity Ferries Pty Ltd T/A RiverCity Ferries
(AG2020/3070)

RIVERCITY FERRIES ENTERPRISE AGREEMENT 2020

Port authorities
COMMISSIONER SPENCER	BRISBANE, 27 OCTOBER 2020

Application for approval of the RiverCity Ferries Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the RiverCity Ferries Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RiverCity Ferries Pty Ltd T/A RiverCity Ferries (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The The Australian Maritime Officers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 November 2020. The nominal expiry date of the Agreement is 20 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, RiverCity Ferries, applied to the Fair Work Commission for the approval of the RiverCity Ferries Enterprise Agreement 2020. The applicant sought to have the agreement, which was intended to regulate the terms and conditions of employment for its employees, formally approved and registered under the Fair Work Act 2009. The application was contested by the Maritime Officers' Association of Australia, which represented some of the employees and had concerns regarding certain provisions of the agreement.

The key legal issues before the Commission involved whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement had been made in good faith and if it contained the essential protections set out in the Act. This included assessing whether the agreement adequately covered minimum wages and conditions, provided for lawful deductions, and did not undermine public policy objectives. Additionally, the Commission considered whether the process by which the agreement was made complied with the procedural requirements stipulated in the Act.

In evaluating these issues, the Commission examined the negotiation process and the content of the agreement. It considered evidence of good faith negotiations, the extent of employee participation, and whether the agreement addressed all the mandated minimum terms and conditions. The Commission found that the agreement had been negotiated in good faith and contained all the necessary protections. It also concluded that the process by which the agreement was made complied with the legislative requirements. Consequently, the Commission approved the agreement, finding it met all the statutory criteria for registration.

The Commission's final order was that the RiverCity Ferries Enterprise Agreement 2020 be approved and registered under the Fair Work Act, effective from the date of the decision. This registration formalised the agreement as a legally binding contract between the employer and the employees, setting the terms and conditions of employment for the duration specified in the agreement.

RiverCity Ferries Pty Ltd T/A RiverCity Ferries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established