The Trustee for The Benn Family Trust T/A Rob Benn Holdings Pty Ltd

[2017] FWCA 181

[2017] FWCA 181

FAIR WORK COMMISSION

DECISION

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

The Trustee for The Benn Family Trust T/A Rob Benn Holdings Pty Ltd
(AG2016/6564)

APPLICATION FOR APPROVAL OF ROB BENN HOLDINGS ENTERPRISE AGREEMENT

Marine tourism and charter vessels
COMMISSIONER SPENCER	BRISBANE, 10 JANUARY 2017

Application for approval of the Rob Benn Holdings Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Rob Benn Holdings Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for the Benn Family Trust T/A Rob Benn Holdings Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Written undertakings have been provided by the employer and are attached to the Agreement. They include annual leave entitlements, pay rate for continuous work of 21 days, requirements to work on designated rest days, application of the classifying system in 5.1.2, payment for part-time employees, overtime payments for shore based and/or ports and harbour employees, 10 consecutive hours off between the work of successive working days, clause 4.4 of the Agreement, payment of the all-purpose ship repairing allowance, clerical employees at level A and C and minimum allowance payable under the relevant modern award. The undertaking has been signed by the employer. In accordance with s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] 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.

[4] 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 17 January 2017. The nominal expiry date of the Agreement is 17 January 2021.

COMMISSIONER

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