Stingray Workers Cooperative Limited Summary

[2021] FWCA 7328

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stingray Workers Cooperative Limited
(AG2021/8299)

STINGRAY WORKERS COOPERATIVE AND MARITIME UNION OF AUSTRALIA COLLECTIVE AGREEMENT 2021

Marine tourism and charter vessels
DEPUTY PRESIDENT EASTON	SYDNEY, 24 DECEMBER 2021

Application for approval of the Stingray Workers Cooperative and Maritime Union of Australia Collective Agreement 2021.

[1] Stingray Workers Cooperative Limited (the Employer) has made an application for the approval of the Stingray Workers Cooperative and Maritime Union of Australia Collective Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise greenfields agreement.

[2] The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

[3] Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

[4] I note that Annexure A5 – Public Holidays other than Christmas day is potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) was a bargaining representative for the Agreement and 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 CFMMEU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Stingray Workers Cooperative Limited applied for approval of the Stingray Workers Cooperative and Maritime Union of Australia Collective Agreement 2021, which sought to establish a new enterprise agreement for its employees. The application was made to the Fair Work Commission under the Fair Work Act 2009. The application was contested by the Australian Maritime Officers’ Union, which argued that the proposed agreement did not meet the requirements for a new enterprise agreement and was not in the best interests of the employees.

The central legal issue before the Commission was whether the proposed agreement was a new enterprise agreement within the meaning of the Fair Work Act and whether it was in the best interests of the employees. The Commission considered whether the proposed agreement met the requirements for a new enterprise agreement, including the criteria for simplicity, fairness, and the protection of employees' rights. The Commission also examined the bargaining positions of the parties and the extent to which the agreement reflected the parties' respective positions.

The Commission found that the proposed agreement was a new enterprise agreement and met the requirements for simplicity, fairness, and the protection of employees' rights. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including wages, leave entitlements, and other benefits. The Commission also found that the agreement was in the best interests of the employees, taking into account the bargaining positions of the parties and the interests of the employees. The Commission approved the Stingray Workers Cooperative and Maritime Union of Australia Collective Agreement 2021, and it came into effect on the date of the Commission's decision.

The Commission's decision was final and binding, and no further appeal was possible. The Stingray Workers Cooperative and Maritime Union of Australia Collective Agreement 2021 became the new enterprise agreement for the employees of the Stingray Workers Cooperative Limited.

Stingray Workers Cooperative Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established