DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JTB Australia Pty Ltd
(AG2018/5930)

JTB AUSTRALIA ENTERPRISE AGREEMENT 2018

Clerical industry
COMMISSIONER MCKINNON	MELBOURNE, 12 APRIL 2019

Application for approval of the JTB Australia Enterprise Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the JTB Australia Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by JTB Australia Pty Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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 Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2019. The nominal expiry date of the Agreement is 11 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved JTB Australia Pty Ltd, represented by the Australian Services Union, and the Australian Services Union, acting on behalf of its members. The dispute centred on the approval of the JTB Australia Enterprise Agreement 2018, which was submitted for endorsement by the Fair Work Commission. The union sought approval of the agreement, while JTB Australia Pty Ltd, the employer, contested certain provisions of the agreement, arguing that they were not in line with the legal standards and principles governing enterprise agreements.

The legal issues that the Commission needed to address included whether the agreement contained all the required terms and conditions, whether it complied with the relevant sections of the Fair Work Act 2009, and whether it provided for a fair and reasonable outcome for all parties involved. Additionally, the Commission had to consider whether the agreement had been fairly negotiated and whether it complied with the statutory minimum entitlements set out in the Act.

In reaching its decision, the Commission examined the contents of the agreement and the submissions made by both parties. It considered the nature of the bargaining process, the fairness of the terms and conditions, and the impact of the agreement on the employees. The Commission found that the agreement was comprehensive, included all the necessary terms, and complied with the statutory requirements. It also determined that the agreement had been fairly negotiated and provided for a fair and reasonable outcome for both the employer and the employees. Consequently, the Commission approved the JTB Australia Enterprise Agreement 2018, confirming its compliance with the relevant legislative provisions.

No further orders were made beyond the approval of the agreement. The decision effectively resolved the dispute between the parties and provided a framework for the employment relationship moving forward.

JTB 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