Quicksilver Connections Limited
[2025] FWCA 1856
•2 JUNE 2025
| [2025] FWCA 1856 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Quicksilver Connections Limited
(AG2025/1277)
QUICKSILVER CONNECTIONS AMOU & AIMPE MARINE AGREEMENT 2025 - 2029
| Marine tourism and charter vessels | |
| DEPUTY PRESIDENT BUTLER | BRISBANE, 2 JUNE 2025 |
Application for approval of the Quicksilver Connections AMOU & AIMPE Marine Agreement 2025 - 2029
Quicksilver Connections Limited (“the Employer”) has applied for approval of an enterprise agreement known as the Quicksilver Connections AMOU & AIMPE Marine Agreement 2025 - 2029 (“the Agreement”). The Application was made under section 185 of the Fair Work Act 2009 (“the Fair Work Act”). The Agreement is a single enterprise agreement.
Pre-approval requirements
There is a minor discrepancy as between the Notice of Employee Representational Rights, and the Agreement as made, as to the Agreement’s title. For the purposes of subsection 188(5) I am satisfied that this was a minor technical error and not likely to disadvantage any employees in the circumstances.
The Employer provided further information as to the measures to ensure that employees’ votes were not discernible by their employer. Neither union sought to contradict this information.
The National Employment Standards
Noting clause 1.5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (“NES”) in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.
Conclusion
In light of the foregoing, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, and 188 of the Fair Work Act as are relevant to this application for approval have been met.
Each of the following organisations, being a bargaining representative for the agreement, has given notice under section 183 of the Fair Work Act that it wants to be covered by the Agreement:
(a) The Australian Institute of Marine and Power Engineers (AIMPE); and
(b) The Australian Maritime Officers' Union (AMOU).
In accordance with subsection 201(2) of the Fair Work Act, and relying on the organisations’ declarations, I note that the Agreement covers each of those organisations.
The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 31 March 2029.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE529246 PR787845>
0
0
0