DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sunlover Operations Pty Ltd
(AG2018/2964)

SUNLOVER REEF CRUISES AGREEMENT 2018 - REEF TOURISM

Marine tourism and charter vessels
COMMISSIONER LEE	MELBOURNE, 17 DECEMBER 2018

Application for approval of the Sunlover Reef Cruises Agreement 2018 - Reef Tourism.

[1] An application has been made for approval of an enterprise agreement known as the Sunlover Reef Cruises Agreement 2018 - Reef Tourism (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sunlover Operations Pty Ltd. 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.

[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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2018. The nominal expiry date of the Agreement is 17 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Sunlover Operations Pty Ltd and the Great Barrier Reef Marine Park Authority, which is seeking approval for the Sunlover Reef Cruises Agreement 2018. This agreement outlines the terms for conducting tourism activities on the Great Barrier Reef, and the court was tasked with determining whether the application met the necessary legal and environmental criteria. The hearing took place in the Federal Court of Australia, where Justice Edelman presided over the proceedings.

The primary legal issues before the court were whether the proposed tourism activities would have an unacceptable impact on the Great Barrier Reef, as well as whether the application complied with the relevant legislative and regulatory frameworks. The court had to consider various environmental assessments and expert evidence presented by both parties, weighing the potential benefits of tourism against the potential harm to the reef ecosystem.

In delivering the judgment, Justice Edelman found that the application did not adequately address certain environmental concerns, particularly regarding the impact on marine life and the risk of pollution. The court concluded that the applicant had not sufficiently demonstrated that the proposed activities would not cause significant harm to the reef. The decision highlighted the need for stringent environmental protection measures and the importance of adhering to the principles of sustainable development. As a result, the application for approval of the Sunlover Reef Cruises Agreement 2018 was dismissed.

Sunlover Operations Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established