McKenzie's Tourist Services Pty Ltd

[2022] FWCA 1306

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

McKenzie's Tourist Services Pty Ltd

(AG2022/841)

McKenzie’s Tourist Services Pty Ltd Enterprise Agreement 2022

Passenger vehicle transport (non rail) industry
COMMISSIONER YILMAZ	MELBOURNE, 13 APRIL 2022

Application for approval of the McKenzie’s Tourist Services Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the McKenzie’s Tourist Services Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by McKenzie’s Tourist Services Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and in accordance with s.54, will operate from 20 April 2022. The nominal expiry date of the Agreement is 12 April 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

McKenzie's Tourist Services Pty Ltd sought approval of an enterprise agreement with its employees, presenting the case to the Fair Work Commission. The enterprise agreement in question was reached through negotiation between the company and its employees and aimed to regulate various terms and conditions of employment. The primary dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it provided fair and reasonable terms and conditions for the employees.

The central legal issues the court needed to address involved the validity of the enterprise agreement under the Fair Work Act, particularly in relation to the agreement’s compliance with procedural and substantive fairness requirements. This included whether the agreement had been negotiated in good faith, if it contained the necessary minimum terms as stipulated by the Act, and if the terms were fair and reasonable in all circumstances. The court also had to consider whether the agreement provided appropriate mechanisms for dispute resolution.

In delivering its decision, the Fair Work Commission found that the enterprise agreement met all the necessary legal criteria. It confirmed that the agreement had been negotiated in good faith and contained all the required minimum terms. The Commission also found that the terms and conditions of employment were fair and reasonable, taking into account the specific circumstances of the workplace and the bargaining positions of both parties. The Commission noted the inclusion of appropriate dispute resolution mechanisms, which were deemed adequate for resolving any future employment-related issues. Based on these findings, the Commission approved the application for the enterprise agreement.

The Fair Work Commission's final order was to approve the McKenzie’s Tourist Services Pty Ltd Enterprise Agreement 2022, confirming its compliance with the Fair Work Act and its suitability for implementation as the governing document for the employment relationship between McKenzie's Tourist Services Pty Ltd and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established