the Applicant v CPC Services (NQ) Pty Ltd Trading AS Coral Expeditions
Citation: [2026] FWCFB 179
What happened
the Applicant appealed a decision made on January 9, 2025, by Deputy President Millhouse regarding the Coral Expeditions Ship Crew Enterprise Agreement 2023. the Applicant claimed employees, particularly chefs, were not better off overall compared to their awards and that there was coercion during voting and failures in notifying employees. He also alleged breaches of the agreement after its approval.
What was decided
The Fair Work Commission Full Bench refused permission for an appeal against the Deputy President’s decision approving the enterprise agreement. The bench found the Applicant provided no substantiation for his claims regarding the ‘better off overall’ test or other approval requirements. They also noted the application was filed significantly outside the 21-day timeframe and dismissed it under section 587(1)(a) of the Fair Work Act.
What it means for employers
Employers should ensure enterprise agreement negotiations are transparent, with clear communication to employees about their rights and potential impacts. It's crucial to address concerns regarding whether employees will be better off overall, providing evidence to support this claim. Adhering to timelines for appeals is also vital.
What it means for employees
Employees considering challenging an enterprise agreement should gather sufficient evidence to support their claims, particularly concerning the ‘better off overall’ test and compliance with approval requirements. Be aware of strict time limits for filing appeal notices.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections