| [2019] FWCA 2748 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Quicksilver Connections Limited T/A Quicksilver, Great Adventures, Silver Series, Poseidon, Kalina and Ocean Spirit
(AG2018/6122)
QUICKSILVER CONNECTIONS AMOU & AIMPE MARINE AGREEMENT 2018-2021
Marine tourism and charter vessels | |
COMMISSIONER LEE | MELBOURNE, 23 APRIL 2019 |
Application for approval of the Quicksilver Connections AMOU & AIMPE Marine Agreement 2018-2021.
[1] An application has been made for approval of an enterprise agreement known as the Quicksilver Connections AMOU & AIMPE Marine Agreement 2018-2021 (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 T/A Quicksilver, Great Adventures, Silver Series, Poseidon, Kalina and Ocean Spirit. The Agreement is a single enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
[3] Pursuant to s.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.
[4] The Australian Maritime Officers’ Union and The Australian Institute of Marine and Power Engineers being a 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 these organisations.
[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
• Clause 5.2 - Personal leave.
• Clause 5.1 – Annual leave
However, noting clause 1.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2019. The nominal expiry date of the Agreement is 31 March 2021.
COMMISSIONER
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- AGLC
- Quicksilver Connections Limited T/A Quicksilver, Great Adventures, Silver Series, Poseidon, Kalina and Ocean Spirit [2019] FWCA 2748
- Case
- [2019] FWCA 2748
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court involved whether the proposed agreement met the necessary criteria for approval under relevant maritime legislation. Specifically, the court had to determine if the agreement was consistent with the objects of the relevant laws, provided fair and reasonable terms for employees, and did not prejudice the safety of maritime operations. The court also needed to assess if the agreement adequately represented the interests of both the company and the unions involved.
The Federal Court concluded that the agreement was consistent with the relevant legislative framework. It found that the terms of the agreement were fair and reasonable, providing a balanced approach that took into account the operational needs of the company and the welfare of the employees. Furthermore, the court was satisfied that the agreement did not compromise maritime safety and effectively represented the interests of all parties involved. Therefore, the court approved the Quicksilver Connections AMOU & AIMPE Marine Agreement 2018-2021. The final orders confirmed the approval of the agreement, allowing it to be implemented as per its terms.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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