SeaLink Travel Group Pty Ltd

[2014] FWCA 8269

FAIR WORK COMMISSION

DECISION

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

SeaLink Travel Group Pty Ltd
(AG2014/8155)

SEALINK TRAVEL GROUP SALES CENTRE EMPLOYEES ENTERPRISE AGREEMENT 2014

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 21 NOVEMBER 2014

Application for approval of the SeaLink Travel Group Sales Centre Employees Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the SeaLink Travel Group Sales Centre Employees Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by SeaLink Travel Group Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 28 November 2014. The nominal expiry date is 1 October 2018.

COMMISSIONER

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CaseChat Overview and Summary

SeaLink Travel Group Pty Ltd was the subject of an application before the Fair Work Commission for the approval of the SeaLink Travel Group Sales Centre Employees Enterprise Agreement 2014. The dispute arose from the company's desire to implement a new enterprise agreement that would affect the terms and conditions of employment for its sales centre employees. The Fair Work Commission was tasked with determining whether the proposed agreement met the requirements of the Fair Work Act 2009, including ensuring that the agreement facilitated the efficient operation of the business and did not undermine the safety and health of employees.

The primary legal issues before the Commission were whether the proposed agreement complied with the provisions of the Fair Work Act 2009 and whether it met the "better off overall test" for employees. This test required that the proposed agreement be at least as good as the existing conditions of employment or the applicable award, and that it included provisions that were fair and reasonable. Additionally, the Commission had to consider whether the agreement adequately provided for the safety and health of employees, and if it facilitated the efficient operation of the business.

In its reasoning, the Commission noted that the proposed agreement had been negotiated in good faith and contained provisions that were fair and reasonable. It concluded that the agreement met the better off overall test, as it provided employees with improved conditions of employment compared to the existing conditions and award. The Commission also found that the agreement included necessary provisions for the safety and health of employees and facilitated the efficient operation of the business. Therefore, the Commission approved the proposed agreement under the Fair Work Act 2009.

The final orders of the Commission were that the SeaLink Travel Group Sales Centre Employees Enterprise Agreement 2014 be approved as a registered agreement. This meant that the agreement would become binding on all employees covered by it, and the company would be required to comply with its terms and conditions. The decision marked the formal adoption of the new enterprise agreement, which would govern the employment conditions for the sales centre employees of SeaLink Travel Group.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established