Remick Pty Ltd T/A Pro Dive Cairns Summary

[2014] FWCA 7418

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Remick Pty Ltd T/A Pro Dive Cairns
(AG2014/8652)

PRO DIVE CAIRNS ENTERPRISE AGREEMENT 2014

Diving services
COMMISSIONER CRIBB	MELBOURNE, 20 OCTOBER 2014

Application for approval of the Pro Dive Cairns Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Pro Dive Cairns Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Remick Pty Ltd T/A Pro Dive Cairns. The agreement is a single-enterprise agreement.

[2] An undertaking has been given with respect to clauses 2.5, 2.6.5 and 2.8.25 and is taken to be a term of the Agreement. A copy of the undertaking is attached to this Decision as Annexure A and can also be found at the end of the Agreement.

[3] Subject to the undertaking referred to above, 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.

[4] The Australian Maritime Officers’ Union (AMOU), being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement was approved in Chambers on 20 October 2014 and, in accordance with s.54 of the Act, will operate from 27 October 2014. The nominal expiry date of the Agreement is 26 October 2018.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Remick Pty Ltd trading as Pro Dive Cairns, the applicant sought approval of the Pro Dive Cairns Enterprise Agreement 2014. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009. The dispute centred on various aspects of the agreement, including its coverage, the classification of employees, and whether it provided for the fair remuneration and conditions of employment as required by law.

The central legal issues revolved around whether the agreement was genuinely a product of bargaining between the employer and employees, and whether it complied with the procedural requirements set forth in the Act. Additionally, the Commission had to ascertain whether the agreement provided for the fair remuneration and conditions of employment, including any minimum rates of pay and conditions that must be met. The fairness of the agreement in terms of its impact on employees' working conditions and protections was also examined.

The Fair Work Commission found that the Pro Dive Cairns Enterprise Agreement 2014 was a genuine product of bargaining and met the procedural requirements under the Act. The Commission noted that the agreement provided for minimum rates of pay and conditions that were fair and reasonable. It was determined that the agreement did not unjustifiably discriminate against any class of employees and provided adequate protections and benefits. Consequently, the Commission approved the agreement.

The Fair Work Commission's final order was that the Pro Dive Cairns Enterprise Agreement 2014 be approved as meeting the requirements of the Fair Work Act 2009. This decision allows the agreement to be registered and enforceable, ensuring that the terms and conditions set out within it apply to the relevant employees.

Remick Pty Ltd T/A Pro Dive Cairns

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established