DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australia Wide Holidays Pty Ltd T/A Macquarie Educational Tours
(AG2017/956)

MACQUARIE EDUCATIONAL TOUR DRIVERS ENTERPRISE AGREEMENT 2017

Passenger vehicle transport (non rail) industry
COMMISSIONER ROE	MELBOURNE, 11 MAY 2017

Application for approval of the Macquarie Educational Tours Drivers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Macquarie Educational Tours Drivers Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australia Wide Holidays Pty Ltd T/A Macquarie Educational Tours. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 11 May 2017 and, in accordance with s.54, will operate from 18 May 2017. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Australia Wide Holidays Pty Ltd, trading as Macquarie Educational Tours, and the Fair Work Commission. The dispute centred on the application for approval of the Macquarie Educational Tours Drivers Enterprise Agreement 2017. The Commission was tasked with determining whether the agreement met the necessary legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Fair Work Commission was whether the agreement satisfied the criteria for approval, particularly focusing on whether it provided for the mandatory bargaining of wages and other conditions of employment, and whether it complied with procedural fairness. The Commission also needed to consider whether the agreement provided for the protection of employees' rights and interests.

In reaching its decision, the Commission examined the process by which the agreement was negotiated, the contents of the agreement, and whether it adhered to the statutory provisions. The Commission concluded that the agreement was appropriately negotiated and provided for the mandatory bargaining of wages and other conditions of employment. Furthermore, the Commission found that the agreement met the requirements of procedural fairness and provided adequate protection for the employees' rights and interests. Consequently, the Fair Work Commission approved the Macquarie Educational Tours Drivers Enterprise Agreement 2017.

No further orders were made by the Commission beyond the approval of the enterprise agreement. The decision was rendered in favour of Australia Wide Holidays Pty Ltd, confirming the validity and enforceability of the agreed terms under the Fair Work Act.

Australia Wide Holidays Pty Ltd T/A Macquarie Educational Tours

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established