DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Members Travel Group Pty Ltd t/a RACT Travel Pty Ltd
(AG2019/4386)

RACT TRAVEL STAFF ENTERPRISE AGREEMENT 2019.

Retail industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 6 DECEMBER 2019

Application for approval of the RACT Travel Staff Enterprise Agreement 2019.

[1] RACT Travel Pty Ltd has applied for approval of a single enterprise agreement known as the RACT Travel Staff Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether: the pre-approval requirements were met; the Agreement contravenes s.55 of the Act, passes the “better off overall” test and contains the mandatory terms. Further information was provided in relation to these concerns.

[3] The Applicant sought to correct two typographical errors in the original application, by filing an amended Agreement. The employee bargaining representatives supported the proposed amendments. In the circumstances, I am satisfied that these corrections should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Noting clause 2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application, amended Agreement and further information provided on request of the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the Australian Municipal, Administrative, Clerical and Services Union Vic/Tas Authorities & Services Branch (ASU) represented employees in bargaining for the Agreement. The ASU has given notice under s.183 of the Act and in accordance with s.201(2) I note that the Agreement covers this organisation.

[7] The Agreement was approved on 6 December 2019 and, in accordance with s.54, will operate from 13 December 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Members Travel Group Pty Ltd t/a RACT Travel Pty Ltd was the subject of an application for the approval of the RACT Travel Staff Enterprise Agreement 2019. The application was brought before the Fair Work Commission by the company, seeking endorsement of the proposed enterprise agreement. The nature of the dispute revolved around the terms and conditions outlined within the agreement and their compliance with the Fair Work Act 2009.

The legal issues before the commission included whether the proposed agreement met the necessary criteria for approval under the Fair Work Act, specifically whether it contained the minimum entitlements and if it had been fairly negotiated. A critical aspect of the deliberation was determining if the agreement ensured that employees received at least the minimum rates of pay and conditions stipulated by the relevant awards, and if it provided for genuine employee representation in the negotiation process. The commission also examined whether the agreement included a dispute resolution clause and if it adhered to the procedural fairness and good faith bargaining requirements.

In delivering its decision, the commission noted that the proposed agreement met the minimum entitlements required under the Fair Work Act. The agreement provided for pay rates and conditions that were at least equivalent to those stipulated by the applicable awards. Furthermore, the commission found that the agreement had been negotiated in good faith and included a dispute resolution clause, which was a positive indicator of genuine negotiation. The commission concluded that the application for approval of the enterprise agreement was successful, as it fulfilled all the necessary statutory requirements.

The final orders of the commission were that the RACT Travel Staff Enterprise Agreement 2019 be approved in accordance with section 234 of the Fair Work Act 2009. The approved agreement would then be registered with the Fair Work Commission and would commence on the date specified in the agreement. This decision marked the formal endorsement of the enterprise agreement, setting out the terms and conditions of employment for the relevant staff.

Members Travel Group Pty Ltd t/a RACT Travel 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