Quicksilver Connections Limited T/A Quicksilver, Great Adventures, Silver Series, Poseidon, Kalina and Ocean Spirit

[2019] FWCA 2748

[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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