Quicksilver Connections Limited

[2024] FWCA 4201

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Quicksilver Connections Limited

(AG2024/3779)

APPLICATION FOR APPROVAL OF THE QUICKSILVER CONNECTIONS AWU ENTERPRISE AGREEMENT 2024

Tourism industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 28 NOVEMBER 2024

Application for approval of the Quicksilver Connections AWU Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Quicksilver Connections AWU Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

Section 205A(1) of the Act provides that an enterprise agreement must include a delegates’ rights term for workplace delegates to whom the agreement applies. The Agreement does not contain a delegates’ rights term. Pursuant to subsection 205A(2)(b) of the Act, the delegates’ rights term contained in the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

Pursuant to subsection 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 December 2024. The nominal expiry date of the Agreement is 30 June 2026.

The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the Australian Workers’ Union.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Quicksilver Connections Limited for approval of the Quicksilver Connections AWU Enterprise Agreement 2024. The dispute arose under the Fair Work Act 2009, where the applicant sought to have the proposed enterprise agreement registered with the Fair Work Commission. The Australian Workers' Union (AWU) was the respondent in the application.

The legal issues before the Commission were whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. These included whether the agreement was in writing, whether it was made by an eligible organisation, and whether the agreement had been made in good faith and without coercion. Additionally, the Commission had to consider whether the agreement complied with the "better off overall test" which requires that employees be no worse off financially and have improved conditions overall compared to the applicable award or safety net.

In determining the application, the Commission examined the evidence and submissions provided by both parties. The Commission noted that the agreement was in writing and had been made by eligible organisations. It was also found that the agreement was made in good faith and without coercion. Furthermore, the Commission considered the "better off overall test" and found that the proposed agreement provided employees with improved conditions and did not result in them being worse off financially. Based on these findings, the Commission approved the Quicksilver Connections AWU Enterprise Agreement 2024.

The Fair Work Commission approved the Quicksilver Connections AWU Enterprise Agreement 2024 and directed that it be registered with the Commission. The Commission found that the agreement met all statutory requirements for approval and that it provided employees with improved conditions overall.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established