[1] Remick Ltd T/A Pro Dive Cairns (the Employer) has applied for approval of an enterprise agreement known as the Pro Dive Cairns Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Australian Maritime Officers' Union (AMOU), the Construction, Forestry and Maritime Employees Union (CFMEU) and employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] The Agreement's workplace delegates' rights term is less favourable than those provided by the applicable modern awards. Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Professional Diving Industry (Recreational) Award 2020 is attached to the Agreement and taken to be a term of it.

[5] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The AMOU and the CFMEU, each being bargaining representatives for the Agreement, have given notice under s.183 that they want to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers the AMOU and the CFMEU.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2026. The nominal expiry date of the Agreement is 30 November 2029.

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