Members Travel Group Pty Ltd t/a RACT Travel Pty Ltd

[2019] FWCA 8300

[2019] FWCA 8300

FAIR WORK COMMISSION

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

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