Kangaroo Island Sealink Pty Ltd T/A Sealink Travel Group

[2013] FWCA 4222

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Kangaroo Island Sealink Pty Ltd T/A Sealink Travel Group
(AG2013/1552)

SEALINK TRAVEL GROUP ISLAND BASED DRIVER ENTERPRISE AGREEMENT 2013

Passenger vehicle transport (non rail) industry
COMMISSIONER STEEL	ADELAIDE, 28 JUNE 2013

Application for approval of the Sealink Travel Island Based Driver Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the SeaLink Travel Group Island Based Driver Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss. 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54 (1) of the Act it will operate from 5 July 2013. The nominal expiry date of the Agreement is 30 November 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Kangaroo Island Sealink Pty Ltd, trading as Sealink Travel Group, to have the Sealink Travel Island Based Driver Enterprise Agreement 2013 approved. The dispute arose from the company's attempt to secure regulatory endorsement for its proposed enterprise agreement, which was intended to govern the employment conditions of its drivers based on Kangaroo Island. The application was heard by the Fair Work Commission, which was required to determine whether the proposed agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues the Commission had to resolve included whether the agreement had been made in accordance with the procedural requirements set out in the Fair Work Act, and whether it complied with the good faith bargaining provisions. Additionally, the Commission needed to assess whether the agreement contained the minimum terms and conditions as mandated by the Act. The Fair Work Act requires that enterprise agreements are not only procedurally correct but also substantively fair, ensuring that they do not adversely affect employees' rights and entitlements.

In delivering its decision, the Commission examined the process through which the agreement was developed, finding that the company had engaged in good faith bargaining with the relevant union. The Commission noted that the agreement included all the prescribed minimum terms and conditions, and that it was not detrimental to the employees. The Commission concluded that the application met the criteria for approval and accordingly granted the approval sought by the company. The decision emphasised the importance of procedural fairness and the substantive content of the agreement in meeting legislative standards. The Commission's ruling paved the way for the Sealink Travel Island Based Driver Enterprise Agreement 2013 to come into effect, thereby resolving the dispute in favour of the applicant.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established