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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CaseChat Overview and Summary

The parties involved in this case are The Trustee for The Benn Family Trust, acting through Rob Benn Holdings Pty Ltd, as the employer, and a number of employees, who are the subject of the proposed enterprise agreement. The dispute was brought before the Australian Industrial Relations Commission, where the central issue was whether the proposed Rob Benn Holdings Enterprise Agreement should be approved. The employees contested the agreement on several grounds, including concerns about the fairness and effectiveness of the terms proposed.

The legal issues before the Commission included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, specifically whether it provided for the terms and conditions of employment that were "better off overall" for the employees. Another issue was whether the agreement was appropriately certified by an independent third party, as required by law. The Commission also had to consider the procedural fairness of the agreement process, ensuring that employees had a genuine opportunity to provide input.

The Commission found that the proposed agreement did indeed meet the statutory requirements. It was certified as meeting the "better off overall test" and was procedurally fair, as employees had been given a reasonable opportunity to review and comment on the proposed terms. The Commission was satisfied that the agreement provided for fair and reasonable terms of employment, taking into account the specific circumstances of the enterprise. Therefore, the application for approval was successful.

The final orders of the Commission were that the Rob Benn Holdings Enterprise Agreement be approved and registered with the Fair Work Commission. The agreement was to take effect from the date of the Commission's decision, and both the employer and employees were directed to comply with its terms. The Commission also noted that ongoing monitoring and compliance measures would be in place to ensure that the agreement was being adhered to.

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