DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australia Wide Holidays Pty Ltd T/A Macquarie Educational Tours
(AG2021/6299)

MACQUARIE EDUCATIONAL TOURS DRIVERS ENTERPRISE AGREEMENT 2021

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT DEAN	CANBERRA, 29 JULY 2021

Application for approval of the Macquarie Educational Tours Drivers Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Macquarie Educational Tours Drivers Enterprise Agreement 2021 (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] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2021. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Australia Wide Holidays Pty Ltd, trading as Macquarie Educational Tours, and its employees. The company sought approval for the Macquarie Educational Tours Drivers Enterprise Agreement 2021. The dispute centred on whether the proposed agreement met the necessary legal requirements for approval under the Fair Work Act 2009. The Commission was tasked with examining the terms of the agreement and ensuring it complied with the relevant legislative provisions, including provisions concerning employee representation and the avoidance of unfair treatment.

The legal issues before the Commission included whether the agreement provided adequate protection for employee rights, whether it included provisions for genuine bargaining, and whether it was free from any elements that could be considered to unfairly discriminate against employees. Additionally, the Commission had to ensure that the agreement contained all the mandated minimum terms and conditions as stipulated by the Fair Work Act.

The Commission found that the Macquarie Educational Tours Drivers Enterprise Agreement 2021 contained all the necessary provisions to meet the requirements under the Fair Work Act. It was determined that the agreement was the product of genuine bargaining and provided sufficient protections for the employees' rights. The Commission noted that the agreement included provisions for employee representation and did not contain any discriminatory terms. Consequently, the Commission approved the agreement, finding it to be fair and compliant with the legislative framework.

The Commission's final order was to approve the Macquarie Educational Tours Drivers Enterprise Agreement 2021, effective from the date of the decision. The approval signified that the agreement could be registered with the Fair Work Commission, thereby becoming legally binding on the parties involved.

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