Sunlover Operations Pty Ltd

[2018] FWCA 7639

[2018] FWCA 7639

FAIR WORK COMMISSION

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

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Annexure A