DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quicksilver Connections Limited
(AG2020/2947)

GREEN ISLAND RESORT AWU ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 DECEMBER 2020

Application for approval of the Green Island Resort AWU Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Green Island Resort AWU Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Quicksilver Connections Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2020. The nominal expiry date of the Agreement is 14 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Quicksilver Connections Limited applied to the Fair Work Commission for approval of the Green Island Resort AWU Enterprise Agreement 2020. The application was opposed by the Australian Workers' Union (AWU), which represented the employees. The nature of the dispute centred on the terms and conditions of employment for workers at the resort, including wages, hours, and other employment-related matters. The Fair Work Commission heard the matter and had to decide whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue the Commission needed to resolve was whether the proposed enterprise agreement complied with the procedural and substantive requirements of the Act. Procedurally, the Commission had to determine if the agreement was made in accordance with the necessary processes, including whether genuine bargaining had occurred and if the agreement was appropriately certified. Substantively, the Commission had to ensure that the agreement did not adversely affect the safety of employees or the public, did not contain provisions that were otherwise unlawful, and met other statutory criteria. The Commission carefully reviewed the evidence and submissions from both parties, focusing on the process of agreement formation and the specific terms of the proposed agreement.

In delivering its decision, the Commission found that the agreement had been made through genuine bargaining and was properly certified. The Commission also concluded that the agreement did not contain any provisions that would adversely affect the safety of employees or the public and complied with all other statutory requirements. Consequently, the Commission approved the Green Island Resort AWU Enterprise Agreement 2020, emphasising that the agreement provided fair and reasonable terms for the employees while also meeting the necessary legislative criteria. This decision allowed the agreement to take effect, governing the employment conditions for the workers at the resort.

Quicksilver Connections Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established