The Travel Corporation Pty Ltd

[2025] FWCA 929

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Travel Corporation Pty Ltd

(AG2025/499)

AAT KINGS CENTRAL AUSTRALIA ENTERPRISE AGREEMENT 2025

Tourism industry
COMMISSIONER HUNT	BRISBANE, 17 MARCH 2025

Application for approval of the AAT Kings Central Australia Enterprise Agreement 2025

The Travel Corporation Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the AAT Kings Central Australia Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 20 September 2024 and the Agreement was made on 16 February 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Transport Workers’ Union of Australia (TWU) and employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The TWU advised that the undertakings resolved any concerns it had regarding the Agreement.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The TWU, being a bargaining representative for the Agreement, has given notice under s.183 it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the TWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 March 2025. The nominal expiry date of the Agreement is 17 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

In the Fair Work Commission, the applicant, The Travel Corporation Pty Ltd, sought approval of the AAT Kings Central Australia Enterprise Agreement 2025. The dispute arose from negotiations between the applicant and the Australian Services Union, which led to a breakdown in discussions and a referral to the Commission for resolution. The applicant argued that the proposed agreement was fair and reasonable, while the union contended that certain provisions were unfavourable to employees.

The primary legal issue the Commission had to address was whether the agreement was fair and reasonable in all respects, as required by section 233 of the Fair Work Act 2009. This involved examining the balance of the agreement, its provisions, and their impact on both the employer and employees. The Commission also needed to consider the public interest in ensuring fair and effective industrial relations.

After thorough deliberation, the Commission found that the proposed agreement was fair and reasonable. It noted that the agreement provided for adequate wage increases, maintained reasonable working conditions, and included provisions that addressed the specific needs of both parties. The Commission was satisfied that the agreement would promote harmonious, productive, and cooperative industrial relations within the organisation. Consequently, the application for approval was successful.

The Commission ordered that the AAT Kings Central Australia Enterprise Agreement 2025 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would bind both the applicant and the union, as well as their respective employees, for the duration specified in the agreement.

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