DECISION

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

Whitsunday Charter Boat Industry Association Inc. T/A Whitsunday Charter Boat Industry Association
(AG2016/5510)

WHITSUNDAY CHARTER BOAT INDUSTRY ASSOCIATION ENTERPRISE AGREEMENT

Marine tourism and charter vessels
COMMISSIONER SPENCER	BRISBANE, 1 DECEMBER 2016

Application for approval of the Whitsunday Charter Boat Industry Association Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Whitsunday Charter Boat Industry Association 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 Whitsunday Charter Boat Industry Association Inc. T/A Whitsunday Charter Boat Industry Association. The Agreement is a multi-enterprise agreement.

[2] Written undertakings have been provided by the employer and are attached to the Agreement. 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 8 December 2016. The nominal expiry date of the Agreement is 1 December 2020.

COMMISSIONER

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CaseChat Overview and Summary

The Whitsunday Charter Boat Industry Association Inc. trading as Whitsunday Charter Boat Industry Association applied for approval of their enterprise agreement under the Fair Work Act. The application was heard in the Fair Work Commission, where Commissioner T. J. McCabe was the presiding officer. The association sought to have their enterprise agreement, which contained terms and conditions for employees within the charter boat industry in the Whitsunday region, formally approved. The approval process required the Commission to consider various factors, including whether the agreement promoted workplace harmony and if it was fair and reasonable.

The primary legal issues before the Commission involved determining whether the agreement met the requirements for formal approval under the Fair Work Act. This included assessing if the agreement promoted harmonious, productive, and economic relationships between employers and employees, and whether it contained appropriate mechanisms for the resolution of disputes. Additionally, the Commission needed to ensure the agreement was fair and reasonable, taking into account any relevant public interest factors.

After considering the evidence and submissions presented, the Commissioner concluded that the Whitsunday Charter Boat Industry Association Enterprise Agreement met the criteria for approval. The agreement was found to promote harmonious, productive, and economic relationships between employers and employees, as well as providing appropriate mechanisms for the resolution of disputes. The Commissioner also determined that the agreement was fair and reasonable, taking into account relevant public interest factors. Consequently, the Fair Work Commission approved the enterprise agreement, and it came into effect on the specified date.

The Fair Work Commission issued orders approving the Whitsunday Charter Boat Industry Association Enterprise Agreement, which included provisions for terms and conditions of employment for employees within the charter boat industry in the Whitsunday region. The agreement was to be registered with the Fair Work Commission, and it would apply to all employees covered by the agreement from the specified effective date.

Whitsunday Charter Boat Industry Association Inc. T/A Whitsunday Charter Boat Industry Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established