Carlson Wagonlit Australia Pty Limited T/A Carlson Wagonlit Travel
[2014] FWCFB 4915
•23 JULY 2014
| [2014] FWCFB 4915 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 5, Item 3 - Variation & term. certain transitional instruments etc. to take account of Part10A award modern process
(CT2014/1)
Australian Municipal, Administrative, Clerical and Services Union
(EM2013/72)
Travel Industry - Traveland/ CMAT Award 1999
Clerical industry | |
VICE PRESIDENT WATSON | MELBOURNE, 23 JULY 2014 |
Schedule 5 Item 3 Variation & termination. Certain transitional instruments etc.. to take account of Part 10A award modern process - Application by Carlson Wagonlit Australia Pty Limited T/A Carlson Wagonlit Travel to terminate transitional instrument - award not an enterprise instrument - award terminated as required by Transitional Act - Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 - Schedule 5 Item 3, Schedule 6 Item 2.
[1] This decision arises from two competing applications made in relation to the Travel Industry - Traveland/CMAT Award 1999 (Traveland Award). In December 2013 the Australian, Municipal, Administrative, Clerical and Services Union (ASU) made an application to make a modern enterprise award on the basis that the Traveland Award was an enterprise instrument.
[2] Carlson Wagonlit Australia Pty Ltd (CWT), a named respondent to the Traveland Award, opposed the ASU application on the primary ground that the Traveland Award is not an enterprise instrument. Its cross application, made in May 2014, is to terminate the Traveland Award under Item 3 of Schedule 5 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009( the Transitional Act).
[3] By consent of the parties the matter has been dealt with on the papers. The central issue is the scope of the Traveland Award. Although it has origins as an enterprise award applying to various companies in the Traveland Group, changes in corporate ownership over the years have led to the situation that the award now applies to a number of unrelated companies. On reviewing the submissions of CWT concerning the current coverage of the award the ASU discontinued its application and indicated that it will not oppose the CWT application.
[4] We are satisfied on the material before us that the Traveland group was fragmented in 2009 and the respondents are now in four groups. The first group in independent operators with no connection with the Traveland brand or any franchise arrangement. CWT is part of this group. The second group operates under the Travel World brand under a franchise model with Jetset Travelworld Limited. The third group operates under the Travelscene brand under a franchise model with Stella Travel Services Pty Ltd. The fourth group comprises businesses that have ceased to operate. As the award does not only apply to a single enterprise (or under the same franchise) it is not an enterprise instrument for the purposes of Item 2 of Schedule 6 to the Transitional Act.
[5] The Fair Work Commission is required to terminate any modernisable instruments as soon as practicable after the completion of the award modernisation process. On the basis of an uncontested submission that the Traveland Award was an enterprise instrument a Full Bench of the Commission declined to terminate the award in 2010. Given the circumstances that have now been brought to our attention we will make an order terminating the Traveland Award.
VICE PRESIDENT
Written submissions:
Carson Wagonlit Australia Pty Ltd, 15 May 2014.
Australian Services Union, 28 March 2014.
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