Sunmanor T/A Cairns Adventure Group
[2025] FWCA 446
•5 FEBRUARY 2025
| [2025] FWCA 446 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Sunmanor T/A Cairns Adventure Group
(AG2024/4414)
CAIRNS ADVENTURE GROUP - CERTIFIED AGREEMENT 2024
| Tourism industry | |
| DEPUTY PRESIDENT CROSS | SYDNEY, 5 FEBRUARY 2025 |
Application for approval of the Cairns Adventure Group Certified Agreement
An application has been made for approval of an enterprise agreement known as the Cairns Adventure Group - Certified Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sunmanor T/A Cairns Adventure Group. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
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.
Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Clerks – Private Sector Award at Part 8 – clause 37A is taken to be a term of the Agreement.
I note that the Agreement contains an NES precedence clause at cl.6, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards
The Australian Workers' Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2025. The nominal expiry date of the Agreement is 5 February 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE527901 PR783999>
Annexure A
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