DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paul Arbery and Monica Arbery T/A Endeavour Tours
(AG2016/4008)

ENDEAVOUR TOURS TOUR DRIVERS ENTERPRISE AGREEMENT 2016

Passenger vehicle transport (non rail) industry
COMMISSIONER HAMPTON	ADELAIDE, 4 AUGUST 2016

Application for approval of the Endeavour Tours Tour Drivers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Endeavour Tours Tour Drivers Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Paul Arbery and Monica Arbery T/A Endeavour Tours. The Agreement is a single-enterprise agreement.

[2] On 1 August 2016, I conducted a telephone conference of the parties to seek clarification about aspects of the Agreement.

[3] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the Agreement as approved.

[4] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2016. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Paul and Monica Arbery, trading as Endeavour Tours, and the relevant union representatives. The matter pertained to the application for the approval of the Endeavour Tours Tour Drivers Enterprise Agreement 2016. The primary dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009, specifically in terms of its compliance with minimum entitlements and the process through which it was formed.

The court was tasked with determining whether the agreement was made in accordance with the procedural requirements set out in the Fair Work Act, and whether it provided for minimum entitlements as stipulated by the Act. Furthermore, the court had to assess whether the agreement met the good faith bargaining test and if it was sufficiently comprehensive to be considered a valid enterprise agreement.

The Fair Work Commission concluded that the Endeavour Tours Tour Drivers Enterprise Agreement 2016 was valid and should be approved. The court found that the agreement was made in good faith and adhered to the necessary procedural requirements under the Fair Work Act. Additionally, the agreement provided for all minimum entitlements as required by the Act and was comprehensive enough to be considered a bona fide enterprise agreement. Consequently, the application for approval was successful.

As a result of the court's decision, the Endeavour Tours Tour Drivers Enterprise Agreement 2016 was approved and registered with the Fair Work Commission. This decision ensures that the terms and conditions of employment for the tour drivers are legally recognised and enforceable under the Fair Work Act.

Paul Arbery and Monica Arbery T/A Endeavour Tours

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established