DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lonely Planet Publications Pty Ltd T/A Lonely Planet
(AG2018/6913)

LONELY PLANET ENTERPRISE AGREEMENT 2018

Clerical industry
COMMISSIONER LEE	MELBOURNE, 25 JUNE 2019

Application for approval of the Lonely Planet Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lonely Planet Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lonely Planet Publications Pty Ltd T/A Lonely Planet. The Agreement is a single enterprise agreement.

[2] The Employer 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 July 2019. The nominal expiry date of the Agreement is 24 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lonely Planet Publications Pty Ltd, trading as Lonely Planet, applied for approval of the Lonely Planet Enterprise Agreement 2018, which was to govern the employment conditions of its staff. The application was heard in the Fair Work Commission. The nature of the dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 in terms of ensuring fairness, simplicity, and clarity, while also promoting productivity and efficient bargaining.

The legal issues the court had to address included whether the agreement provided for fair and reasonable terms and conditions, if it met the specific criteria under the Fair Work Act, and if it was made in good faith and without coercion. The court also had to consider whether the agreement was procedurally sound, with adequate consultation and negotiation processes in place. Furthermore, the court needed to ensure that the agreement did not undermine the protection of employees’ rights and that it adhered to the principles of procedural fairness.

In delivering its decision, the court examined the content and structure of the proposed agreement, evaluating it against the statutory requirements. The court found that the agreement was comprehensive, covering all necessary aspects of employment terms and conditions, and was procedurally fair, with appropriate consultation processes evident. The court concluded that the agreement provided for fair and reasonable terms and conditions, met the criteria under the Fair Work Act, and was made in good faith. Consequently, the court approved the agreement.

Lonely Planet Publications Pty Ltd T/A Lonely Planet

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established