DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cross Country Tours Pty Ltd T/A All Australian Journeys
(AG2018/532)

CROSS COUNTRY TOURS PTY LTD ENTERPRISE AGREEMENT 2018 - COACH CAPTAINS

Passenger vehicle transport (non rail) industry
COMMISSIONER LEE	MELBOURNE, 28 JUNE 2018

Application for approval of the Cross Country Tours Pty Ltd Enterprise Agreement 2018 - Coach Captains.

[1] An application has been made for approval of an enterprise agreement known as the Cross Country Tours Pty Ltd Enterprise Agreement 2018 - Coach Captains (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cross Country Tours Pty Ltd T/A All Australian Journeys. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2018. The nominal expiry date of the Agreement is 27 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cross Country Tours Pty Ltd, trading as All Australian Journeys, applied to the Fair Work Commission for the approval of their 2018 Enterprise Agreement concerning Coach Captains. The dispute centred around the terms and conditions of employment for the Coach Captains, who were members of the Transport and Distribution Award 2010. The Fair Work Commission was tasked with determining whether the proposed agreement was in compliance with the Fair Work Act 2009 and whether it provided for the employees' safety, health, and welfare.

The legal issues before the Commission included whether the agreement adequately protected the Coach Captains' wages and conditions, whether it included appropriate provisions for redundancy and termination, and whether it complied with the requirements of the Fair Work Act, including the 'better off overall test'. Additionally, the Commission had to consider whether the agreement provided sufficient protections for employees' health and safety, particularly given the nature of their roles which involved operating vehicles and potentially working in hazardous conditions.

The Commission found that the proposed agreement met the legislative requirements and was fair and reasonable in all its terms. It concluded that the agreement was in compliance with the Fair Work Act, including the 'better off overall test', and provided for the health, safety, and welfare of the employees. The Commission approved the 2018 Enterprise Agreement, acknowledging that it contained appropriate provisions for redundancy and termination, and provided adequate protections for the Coach Captains. The decision was made in the interests of ensuring fair and reasonable terms of employment for the employees of Cross Country Tours Pty Ltd.

Cross Country Tours Pty Ltd T/A All Australian Journeys

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established