DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Scenic Tours Pty Ltd T/A Scenic
(AG2018/87)

SCENIC TOURS ENTERPRISE AGREEMENT 2017

Passenger vehicle transport (non rail) industry
COMMISSIONER WILSON	MELBOURNE, 17 JULY 2018

Application for approval of the Scenic Tours Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Scenic Tours Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Scenic Tours Pty Ltd T/A Scenic. 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2018. The nominal expiry date of the Agreement is 1 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Scenic Tours Pty Ltd, trading as Scenic, applied to the Fair Work Commission for the approval of the Scenic Tours Enterprise Agreement 2017. The application followed a successful union ballot, and the parties were seeking to finalise the agreement through the Commission's approval. The dispute centred on the terms and conditions outlined in the proposed agreement and the implications for the employees covered by it.

The legal issues before the Commission were whether the terms of the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009, including compliance with the provisions regarding minimum wages, penalties, and the procedural fairness in the union ballot process. Additionally, the Commission needed to consider whether the agreement provided fair and reasonable terms for the employees.

The Fair Work Commission, in its decision, examined the terms of the proposed agreement against the legislative framework. The Commission found that the agreement met the minimum standards required by the Fair Work Act, including the mandated minimum wages and penalties. Furthermore, the Commission was satisfied that the union ballot process had been conducted fairly and in accordance with the relevant provisions. The Commission concluded that the proposed agreement provided fair and reasonable terms for the employees and approved the Scenic Tours Enterprise Agreement 2017.

No further orders were made, as the primary objective of the application was achieved by the approval of the agreement.

Scenic Tours Pty Ltd T/A Scenic

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established