DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vyscot Pty Ltd T/A Captain Cook Cruises (WA)
(AG2015/4614)

CAPTAIN COOK CRUISES (WA) ENTERPRISE AGREEMENT 2015

Marine tourism and charter vessels
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 24 AUGUST 2015

Application for approval of the Captain Cook Cruises (WA) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Captain Cook Cruises (WA) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vyscot Pty Ltd T/A Captain Cook Cruises (WA). The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Vyscot Pty Ltd T/A Captain Cook Cruises (WA). In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Maritime Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 August 2015. The nominal expiry date of the Agreement is 24 August 2018.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

Vyscot Pty Ltd, trading as Captain Cook Cruises (WA), applied to the Fair Work Commission for approval of the Captain Cook Cruises (WA) Enterprise Agreement 2015. The agreement was proposed to regulate the employment terms and conditions for crew members on Captain Cook Cruises' vessels. The dispute centered on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission involved the adequacy of the agreement concerning the provisions for minimum wages, penalty rates, and other employment conditions. It was necessary to determine if the agreement complied with the Fair Work Act and whether it fairly represented the interests of the employees. The Commission had to consider whether the agreement was in the public interest and if it provided for fair and reasonable terms and conditions for the employees.

The Fair Work Commission found that the Captain Cook Cruises (WA) Enterprise Agreement 2015 was fair and reasonable in all its terms and met the requirements of the Fair Work Act. The Commission noted that the agreement provided for minimum wages and penalty rates that were consistent with industry standards and had been negotiated in good faith. The Commission was satisfied that the agreement was in the public interest and approved it accordingly.

The final orders of the Commission were that the Captain Cook Cruises (WA) Enterprise Agreement 2015 be approved as a registered agreement under the Fair Work Act. This decision provided legal certainty for the employer and employees regarding their employment terms and conditions.

Vyscot Pty Ltd T/A Captain Cook Cruises (WA)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established