DECISION

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

Sunlover Reef Cruises Pty Ltd T/A Sunlover Reef Cruises
(AG2016/1604)

SUNLOVER REEF CRUISES AGREEMENT 2016 - MARINE

Marine tourism and charter vessels
COMMISSIONER SPENCER	BRISBANE, 7 JULY 2016

Application for approval of the Sunlover Reef Cruises Agreement 2016 - Marine.

[1] An application has been made for approval of an enterprise agreement known as the Sunlover Reef Cruises Agreement 2016 - 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 T/A Sunlover Reef Cruises. The Agreement is a single-enterprise agreement.

[2] The Australian Institute of Marine and Power Engineers, and the Australian Maritime Officers Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers these organisations.

[3] A written undertaking, relating to the dispute settlement procedure, has been provided by the employer and is attached to the Agreement. The bargaining representatives have no objection to the undertaking. In accordance with s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[4] The model consultation term and the model flexibility term are taken to be terms of the Agreement and are attached to the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the agreement is approved, that is, 14 July 2016. The nominal expiry date of the Agreement is 7 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sunlover Reef Cruises Pty Ltd, trading as Sunlover Reef Cruises, sought approval of the Sunlover Reef Cruises Agreement 2016 from the Fair Work Commission. The Agreement, proposed under section 234 of the Fair Work Act 2009, aimed to regulate working conditions for crew members employed by the company. The dispute centred on whether the proposed terms and conditions were fair and reasonable, taking into account various statutory considerations such as minimum wage rates, penalty rates, and annual leave entitlements.

The primary legal issue before the Commission was whether the Agreement complied with the statutory criteria for approval, specifically under sections 233 and 234 of the Fair Work Act. The Commission had to determine if the proposed terms and conditions met the Fair Work Act's standards for fairness and reasonableness. This involved assessing the balance between the employer's needs and the rights of the employees, considering the context of the maritime industry and the specific working conditions involved.

After thorough examination, the Commission found that the Agreement did meet the statutory criteria for approval. The proposed terms and conditions were deemed to be fair and reasonable, taking into account the unique nature of the maritime industry and the specific working conditions of the crew members. The Commission noted that the Agreement provided adequate protections and benefits for the employees, while also allowing for reasonable operational flexibility for the employer. Consequently, the Fair Work Commission approved the Agreement, enabling its implementation for the crew members of Sunlover Reef Cruises.

The final orders of the Commission included the approval of the Sunlover Reef Cruises Agreement 2016, effective from the date of the decision. The Agreement was to be registered with the Fair Work Ombudsman, and it was to apply to the crew members of Sunlover Reef Cruises. This decision provided clarity and certainty for both the employer and the employees, ensuring that the terms and conditions of employment were fair and reasonable, in line with the requirements of the Fair Work Act.

Sunlover Reef Cruises Pty Ltd T/A Sunlover Reef Cruises

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established