Tertiary Travel Service Pty Ltd

[2014] FWCA 605

[2014] FWCA 605

FAIR WORK COMMISSION

DECISION

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

Tertiary Travel Service Pty Ltd
(AG2013/12853)

TERTIARY TRAVEL SERVICE PTY LTD ENTERPRISE AGREEMENT 2013 - 2016

Tourism industry
DEPUTY PRESIDENT SAMS	SYDNEY, 24 JANUARY 2014

Application for approval of the Tertiary Travel Service Pty Ltd Enterprise Agreement 2013 - 2016.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Tertiary Travel Service Pty Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Tertiary Travel Service Pty Ltd Enterprise Agreement 2013 - 2016 (the ‘Agreement’). The Agreement is to cover 9 employees who are engaged in the provision of travel agency services.

[2] The employees were last notified of their representational rights on 2 May 2012, and voting for the Agreement’s approval took place on 19 December 2013. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, all 9 of the employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 30 December 2013, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms M Schukowsky, Assistant Manager, identified the General Retail Industry Award 2010 [MA000004] and the Travel Industry - Agencies - General Award - 1999 [AP799612] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Schukowskysaid that the Agreement provides for a number of conditions that are in excess of, or are more beneficial than the terms of the relevant reference instruments and that there are no less beneficial terms. The Agreement provides for higher rates of pay and more generous redundancy entitlements. Rates of pay are to be adjusted annually in July with reference to the March quarterly National Consumer Price Index. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 8 and 24 respectively, and a disputes resolution procedure at clause 24 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 20 January 2014, Ms C Harris of the Chamber of Commerce and Industry of Western Australiaappeared with Ms M Schukowski for the applicant. Ms Harris outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. She explained that the applicant’s business was contracted with the University of Western Australia to provide travel agency services to students, academics and others and was affiliated with the University Credit Society Limited.

[5] Having heard the applicant’s submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Tertiary Travel Service Pty Ltd Enterprise Agreement 2013 - 2016.Pursuant to s 54 of the Act, the Agreement shall operate from 27 January 2014 and have a nominal expiry date of 27 January 2017.

DEPUTY PRESIDENT

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