Quicksilver Connections Limited T/A Green Island Resort

[2024] FWCA 727

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Quicksilver Connections Limited T/A Green Island Resort

(AG2024/185)

GREEN ISLAND RESORT AWU ENTERPRISE AGREEMENT 2024

DEPUTY PRESIDENT SLEVIN

SYDNEY, 26 FEBRUARY 2024

Application for approval of the Green Island Resort AWU Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Green Island Resort AWU Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Quicksilver Connections Limited T/A Green Island Resort. The Agreement is a single enterprise agreement.

A matter was raised with the applicant going to whether the agreement passes the better off overall test (BOOT) referred to in s.186(2)(d). In response the applicant provided undertakings. A copy of the undertakings is attached in Annexure A. A copy of the undertakings was provided to the union bargaining representative. No objection was raised. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and it will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be terms of the Agreement.

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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Rail, Tram, and Bus Union, Queensland Branch and the Australian Federated Union of Locomotive Employees, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement was approved on 26 February 2024 and, in accordance with s.54, will operate from 4 March 2024. The nominal expiry date of the Agreement at clause 1.4.1 is 4 March 2027.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

The Fair Work Commission, led by Deputy President Slevin, reviewed an application for the approval of the Green Island Resort AWU Enterprise Agreement 2024. The applicant, Quicksilver Connections Limited trading as Green Island Resort, sought to have the agreement approved under section 185 of the Fair Work Act 2009. The agreement is intended to cover a specific group of employees and was subject to scrutiny to ensure it met all statutory requirements for approval, including passing the better off overall test (BOOT) stipulated in section 186(2)(d) of the Act.

The primary legal issue before the Deputy President was whether the proposed enterprise agreement complied with the requirements set out in the Fair Work Act 2009, specifically if it passed the BOOT test and whether it was fairly chosen under sections 186 and 187. The Deputy President considered the application and the submissions made by the employer and the unions representing the employees, including the Australian Rail, Tram, and Bus Union, Queensland Branch and the Australian Federated Union of Locomotive Employees. The Deputy President also evaluated the employer's undertakings, which were provided to ensure the agreement met all necessary criteria for approval.

Upon review, the Deputy President concluded that the agreement met the statutory requirements for approval under the Act, subject to the employer's undertakings. The Deputy President was satisfied that these undertakings would not result in financial detriment to the employees or substantial changes to the agreement. The Deputy President found that the group of employees covered by the agreement was fairly chosen, and the agreement satisfied all relevant provisions of the Act. Consequently, the Deputy President approved the agreement, which will operate from 4 March 2024 until the nominal expiry date of 4 March 2027.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established