Sunlover Reef Cruises Pty Ltd

[2013] FWCA 2641

FAIR WORK COMMISSION

DECISION

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

Sunlover Reef Cruises Pty Ltd
(AG2013/813)

SUNLOVER REEF CRUISES AGREEMENT 2012 - MARINE

Marine tourism and charter vessels
DEPUTY PRESIDENT ASBURY	BRISBANE, 30 APRIL 2013

Application for approval of the Sunlover Reef Cruises Agreement 2012 - Marine.

[1] An application has been made for approval of an enterprise agreement known as the Sunlover Reef Cruises Agreement 2012 - Marine (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sunlover Reef Cruises Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] The Australian Institute of Marine and Power Engineers, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that the organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] On 26 April 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 7 May 2013. The nominal expiry date of the Agreement is 30 April 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Court was an application by Sunlover Reef Cruises Pty Ltd for approval of the Sunlover Reef Cruises Agreement 2012. The dispute centred on the legality of a proposed agreement between the company and its employees, seeking approval under the Fair Work Act 2009. The Court of Appeal was tasked with determining whether the agreement complied with the requirements of the Act and whether it was in the best interests of the employees.

The legal issues for the Court to resolve were whether the agreement adequately protected the employees' rights and interests, whether it was appropriately certified by the Fair Work Commission, and whether the Court had the jurisdiction to approve the agreement. The company argued that the agreement was fair and in the best interests of the employees, while the opposition contended that the agreement failed to meet the statutory requirements and did not adequately protect the employees.

The Court found that the agreement was appropriately certified and met the statutory requirements set out in the Fair Work Act 2009. It concluded that the agreement was fair and in the best interests of the employees, as it provided for reasonable terms and conditions of employment, including protections for redundancy, leave entitlements, and other benefits. The Court also determined that it had the jurisdiction to approve the agreement under the Act. Consequently, the Court granted the application and approved the Sunlover Reef Cruises Agreement 2012.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established