Quicksilver Connections Limited t/as Quicksilver, Great Adventures, Silver Series and Ocean Spirit

[2014] FWCA 1881

[2014] FWCA 1881

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement

Quicksilver Connections Limited t/as Quicksilver, Great Adventures, Silver Series and Ocean Spirit
(AG2014/3849)

QUICKSILVER CONNECTIONS AMOU & AIMPE MARINE AGREEMENT 2014-2018

Marine tourism and charter vessels
DEPUTY PRESIDENT SAMS	SYDNEY, 21 MARCH 2014

Application for approval of the Quicksilver Connections AMOU & AIMPE Marine Agreement 2014-2018.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Quicksilver Connections Limited t/as Quicksilver, Great Adventures, Silver Series and Ocean Spirit (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Quicksilver Connections AMOU & AIMPE Marine Agreement 2014-2018 (the ‘Agreement’). The Agreement was negotiated with the Australian Maritime Officers’ Union (AMOU) and the Australian Institute of Marine and Power Engineers (AIMPE) (collectively, the ‘Unions’). The Agreement is to cover 30 employees who are employed by the applicant as maritime officers. The applicant has other employees, all of whom, besides the Executive Management, are covered by other enterprise agreements. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 14 January 2014, and voting for the Agreement’s approval took place between 12 and 14 February 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 18 of the 26 employees who voted, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 28 February 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr T Baker identified the Masters, Mates and Engineers’ Award, Motor Vessels 2500 B.H.P./1866 kW.B.P. and under - State (Excluding the Port of Brisbane) 2003 [AN140165], as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Bakersaid that the Agreement provides for a number of conditions that are in excess of, or are more beneficial than the terms of the relevant reference instrument and that there are no less beneficial terms. The Agreement provides for higher rates of pay, longer minimum engagements for part time and casual employees and enhanced severance pay entitlements. Rates of pay are to be increased by 3% on 1 April 2014, 1 April 2015, 1 April 2016 and 1 April 2017. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 2.4 and 2.5 respectively, and a disputes resolution procedure at clause 2.3 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 14 March 2014, Mr B Cooper of Livingstones Australia,appeared with Mr B Cave, Mr T Clarke and Ms T Pinches for the applicant and Mr C Neiberding for AMOU and Mr B Matthey for AIMPE. The Unions had filed Declarations in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that they wished to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Unions are to be covered by the Agreement. Mr Cooper outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. He explained that the Agreement covered Masters, Mates and Engineers on the applicant’s vessels. Deckhands, hosts/hostesses and other staff working on the applicant’s vessels were covered by a different enterprise agreement. Mr Neiberding and Mr Matthey supported the submissions of Mr Cooper.

[5] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Quicksilver Connections AMOU & AIMPE Marine Agreement 2014-2018 Pursuant to s 54 of the Act, the Agreement shall operate from 1 April 2014 and have a nominal expiry date of 31 March 2018.

DEPUTY PRESIDENT

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