DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lonely Planet Publications Pty Ltd
(AG2016/2255)

LONELY PLANET ENTERPRISE AGREEMENT 2016

Clerical industry
COMMISSIONER ROE	MELBOURNE, 11 MARCH 2016

Application for approval of the Lonely Planet Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Lonely Planet 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 Lonely Planet Publications 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 11 March 2016 and, in accordance with s.54, will operate from 18 March 2016. The nominal expiry date of the Agreement is 11 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of Lonely Planet Publications Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Lonely Planet Enterprise Agreement 2016. The applicant, Lonely Planet Publications Pty Ltd, sought the approval of this enterprise agreement, which had been negotiated with relevant unions representing employees of the company. The nature of the dispute involved the terms and conditions of employment, wages, and other workplace arrangements as outlined in the proposed agreement.

The legal issues before the Commission centred on whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, particularly whether it was a "better off overall test" (BOOT) agreement. This test requires that the proposed agreement should not disadvantage employees compared to their existing conditions and should provide for fair and reasonable terms and conditions of employment. Additionally, the Commission needed to consider whether the agreement complied with procedural fairness and if it was made in good faith.

The Fair Work Commission, in delivering its decision, examined the detailed provisions of the enterprise agreement and the submissions from both the applicant and the unions. The Commission found that the agreement was a BOOT agreement, meaning it was not likely to place employees worse off than their existing conditions. The Commission also noted that the agreement had been negotiated in good faith and complied with procedural fairness. Consequently, the Commission approved the application and certified the agreement as meeting the necessary legal requirements.

The final orders of the Commission included the certification of the Lonely Planet Enterprise Agreement 2016, effective from the date of the decision. This certification made the agreement legally binding on the parties involved, ensuring that the terms and conditions of employment were regulated under the approved agreement.

Lonely Planet Publications 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