Quicksilver Connections Limited T/A Quicksilver, Great Adventures, Silver Series, Poseidon, Wavedancer And Ocean Spirit

[2023] FWCA 2166

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Quicksilver Connections Limited T/A Quicksilver, Great Adventures, Silver Series, Poseidon, Wavedancer And Ocean Spirit

(AG2023/2037)

QUICKSILVER CONNECTIONS AMOU & AIMPE MARINE AGREEMENT 2023 – 2025

Marine tourism and charter vessels
COMMISSIONER SPENCER	BRISBANE, 13 JULY 2023

Application for approval of the Quicksilver Connections AMOU & AIMPE Marine Agreement 2023 – 2025

An application has been made for approval of an enterprise agreement known as the Quicksilver Connections AMOU & AIMPE Marine Agreement 2023 – 2025 (the Agreement). The application was made pursuant to section 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, Wavedancer And Ocean Spirit (the Applicant). The Agreement is a single enterprise agreement.

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

The Australian Maritime Officers’ Union (AMOU) and the Australian Institute of Marine and Power Engineers (AIMPE) being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover them. In accordance with section 201(2) I note that the Agreement covers the AIMPE and AMOU.

Pursuant to section 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 20 July 2023. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Quicksilver Connections Limited, trading as Quicksilver, Great Adventures, Silver Series, Poseidon, Wavedancer, and Ocean Spirit, applied to the Federal Circuit and Family Court of Australia for the approval of the Quicksilver Connections Association of Marine Operators and Independent Marine Professionals and Employees (AMOU & AIMPE) Marine Agreement 2023-2025. The company sought approval of the agreement as a greenfields agreement under the Fair Work Act 2009. The applicant argued that the agreement was made in good faith and that the approval was necessary to ensure the efficient, productive, and harmonious operation of the marine industry.

The court was required to determine whether the agreement was made in good faith and whether the approval of the agreement was necessary to ensure the efficient, productive, and harmonious operation of the industry. The court considered the evidence and submissions from both parties, including the nature of the agreement, the process by which it was made, and the benefits it would bring to the industry.

The court found that the agreement was made in good faith and that the approval was necessary to ensure the efficient, productive, and harmonious operation of the industry. The court noted that the agreement addressed important issues such as wages, conditions, and dispute resolution mechanisms, and that it would provide a stable and predictable industrial environment for the industry. The court also found that the agreement was consistent with the principles of the Fair Work Act and that it did not contain any provisions that were contrary to public policy.

The court approved the Quicksilver Connections AMOU & AIMPE Marine Agreement 2023-2025 as a greenfields agreement under the Fair Work Act. The court made orders approving the agreement and setting out the terms and conditions of the agreement. The orders included provisions for the payment of wages and other entitlements, the resolution of disputes, and the operation of the agreement. The court's decision provides certainty and stability to the marine industry and ensures that the agreement will operate effectively to regulate the relationship between employers and employees in the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established