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austlii:cth/FWCA/2025/1856
General information, not legal advice.
FWCA
2025-06-02
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
QUICKSILVER CONNECTIONS AMOU & AIMPE MARINE AGREEMENT 2025 - 2029
Application for approval of the Quicksilver Connections AMOU & AIMPE Marine Agreement 2025 - 2029
[1] Quicksilver Connections Limited ("the Employer") has applied for approval of an enterprise agreement known as the Quicksilver Connections AMOU & AIMPE Marine Agreement 2025 - 2029 ("the Agreement"). The Application was made under section 185 of the Fair Work Act 2009 ("the Fair Work Act"). The Agreement is a single enterprise agreement.
[2] There is a minor discrepancy as between the Notice of Employee Representational Rights, and the Agreement as made, as to the Agreement's title. For the purposes of subsection 188(5) I am satisfied that this was a minor technical error and not likely to disadvantage any employees in the circumstances.
[3] The Employer provided further information as to the measures to ensure that employees' votes were not discernible by their employer. Neither union sought to contradict this information.
[4] Noting clause 1.5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards ("NES") in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.
[5] In light of the foregoing, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, and 188 of the Fair Work Act as are relevant to this application for approval have been met.
[6] Each of the following organisations, being a bargaining representative for the agreement, has given notice under section 183 of the Fair Work Act that it wants to be covered by the Agreement:
(a) The Australian Institute of Marine and Power Engineers (AIMPE); and
(b) The Australian Maritime Officers' Union (AMOU).
[7] In accordance with subsection 201(2) of the Fair Work Act, and relying on the organisations' declarations, I note that the Agreement covers each of those organisations.
[8] The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 31 March 2029.
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