1
Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement
Noorton Pty Ltd t/a Manly Fast Ferry
(AG2017/3080)
MANLY FAST FERRY - SYDNEY HARBOUR SERVICES - ON-BOARD
CREW - GPHS & HOSTS - ENTERPRISE AGREEMENT 2017
Port authorities
DEPUTY PRESIDENT SAMS SYDNEY, 23 AUGUST 2018
Application for approval of an enterprise agreement – earlier Commission decision -
subsequent undertakings accepted – Agreement approved.
[1] Further to my decision Application by Noorton Pty Ltd t/a Manly Fast Ferry [2018]
FWCA 4521, I have considered the undertakings proposed by the applicant, Noorton Pty Ltd,
and have sought and taken into account the views of the Construction, Forestry, Maritime,
Mining and Energy Union (‘CFMMEU’), pursuant to s 190(4) of the Fair Work Act 2009
(Act). I am satisfied, for the purposes of s 190(3) that the undertakings:
do not cause any financial detriment to any employee covered by the Agreement;
and
do not result in substantial changes to the Agreement.
[2] Accordingly, I accept the proposed undertakings. Pursuant to s 191 of the Act, the
undertakings shall be taken to be terms of the Agreement. A copy of the undertakings,
including the undertaking provided to Deputy President Gostencnik on 20 October 2017, is
attached to this decision and marked Annexure A.
[2018] FWCA 5740[Note: This decision has been quashed - refer to Full
Bench decision dated 31 December 2018 [[2018] FWCFB 7224]
DECISION
E AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb7224.htm
[2018] FWCA 5740
2
[3] In light of my earlier decision of 7 August 2018 and these undertakings, I am satisfied
that all of the requirements of the Act, in particular ss 180, 186, 187, 188, 190 and 191 in so
far as relevant to this application, have been met. Accordingly, I approve a single enterprise
agreement known as Manly Fast Ferry – Sydney Harbour Services – On-Board Crew – GPHs
and Hosts – Enterprise Agreement 2017. Pursuant to s 54 of the Act, the Agreement shall
operate 7 days hence, that is 30 August 2018 and have a nominal expiry date of 28 February
2021.
DEPUTY PRESIDENT
Appearances:
Ms L Doust, Counsel with Mr A Jacka for the Construction, Forestry, Maritime, Mining and
Energy Union.
Mr S McCarthy, solicitor for Manly Fast Ferry Pty Ltd
Hearing details:
Sydney.
2018:
February 12 and 13.
Printed by authority of the Commonwealth Government Printer
AE429393 PR700328
ORK WORK COMMISSION FAIR THE SEAL OF
