Sunmanor T/A Cairns Adventure Group Summary

[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

Annexure A

CaseChat Overview and Summary

In the case of Sunmanor T/A Cairns Adventure Group, the Fair Work Commission was asked to consider whether to approve the Cairns Adventure Group Certified Agreement. The agreement was proposed between Sunmanor and the Australian Workers' Union. The primary dispute revolved around the terms and conditions of employment outlined in the proposed agreement and whether they complied with the Fair Work Act 2009. The court was tasked with examining if the agreement provided for fair and reasonable terms of employment, particularly in terms of wages, hours of work, and other conditions.

The legal issues before the court were centred on the compliance of the proposed agreement with the Fair Work Act, specifically whether the agreement met the criteria for being "fair and reasonable" and whether it was negotiated in good faith. The court had to determine if the proposed agreement provided for terms that were equitable for both parties, taking into account the nature of the industry and the workforce involved. Furthermore, the court had to ensure that the agreement did not disadvantage any employee in comparison to what would be expected under a lawful award or agreement.

After thorough examination, the Fair Work Commission found that the Cairns Adventure Group Certified Agreement was fair and reasonable. The court was satisfied that the agreement was negotiated in good faith and provided for terms that were equitable and appropriate for the employees within the Cairns Adventure Group. The court noted that the agreement covered essential terms of employment and aligned with the objectives of the Fair Work Act. Consequently, the court approved the agreement, acknowledging its compliance with the statutory requirements.

The final orders of the court were that the Cairns Adventure Group Certified Agreement be approved as a certified agreement under the Fair Work Act 2009. The agreement was to be registered and would govern the employment terms and conditions of the employees covered by it, effective from the date of the decision. The approval ensured that the agreement would provide a stable and fair framework for the relationship between Sunmanor and the Australian Workers' Union, reflecting the mutual interests of the parties involved.

Sunmanor T/A Cairns Adventure Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established