DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Driver Group Australia Pty Ltd
(AG2016/5360)

DRIVER GROUP AUSTRALIA PTY LTD DAY TOUR AND TRAVEL ENTERPRISE AGREEMENT 2016

Retail industry
COMMISSIONER LEE	MELBOURNE, 12 DECEMBER 2016

Application for approval of the Driver Group Australia Pty Ltd Day Tour and Travel Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Driver Group Australia Pty Ltd Day Tour and Travel Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Driver Group Australia Pty Ltd. 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.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.

[5] The Agreement was approved on 12 December 2016 and, in accordance with s.54, will operate from 19 December 2016. The nominal expiry date of the Agreement is 11 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Driver Group Australia Pty Ltd applied for the approval of the Driver Group Australia Pty Ltd Day Tour and Travel Enterprise Agreement 2016. The applicant is a company operating in the travel industry and the respondent, the Australian Services Union, is a registered trade union. The dispute pertains to the terms and conditions of employment for employees within the day tour and travel sector under the proposed enterprise agreement. The application was heard and determined by the Commission, which had to decide whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement provided for the mandatory terms, if it was made in good faith, and if it was procedurally sound. Additionally, the Commission had to consider if the agreement met the provisions of the Fair Work Act in terms of its content and if it complied with the principles of industrial fairness. The Commission was required to examine if the agreement was made without coercion, undue influence or pressure, and if the employees had an opportunity to genuinely participate in the bargaining process.

The Commission found that the agreement satisfied the statutory requirements for approval. It concluded that the agreement was made in good faith, provided for the mandatory terms, and did not contain any provisions that were contrary to the principles of industrial fairness. The Commission also determined that the bargaining process was procedurally sound and that the employees had an opportunity to participate in the negotiations. Accordingly, the Commission approved the Driver Group Australia Pty Ltd Day Tour and Travel Enterprise Agreement 2016. This decision was based on the evidence presented and the application of the relevant legal principles.

Driver Group Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established