The Travel Corporation Pty Ltd

[2024] FWCA 1039

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Travel Corporation Pty Ltd

(AG2024/363)

AAT KINGS TRAVEL DIRECTORS ENTERPRISE AGREEMENT 2023

Tourism industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 22 MARCH 2024

Application for approval of the AAT Kings Travel Directors Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the AAT Kings Travel Directors Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Travel Corporation Pty Ltd. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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 is approved and, in accordance with s.54 of the Act, will operate from 29 March 2024. The nominal expiry date of the Agreement is 31 March 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this case were The Travel Corporation Pty Ltd, which was the employer, and the relevant union, which represented the employees. The nature of the dispute was regarding the approval of a proposed enterprise agreement, specifically the AAT Kings Travel Directors Enterprise Agreement 2023. The case was heard in the Fair Work Commission, which is the body responsible for overseeing and approving enterprise agreements under Australian labour laws.

The legal issues before the court involved assessing whether the proposed agreement complied with the statutory requirements set forth in the Fair Work Act 2009. Key issues included whether the agreement had been fairly made, whether it complied with the provisions regarding minimum entitlements, and whether it met the procedural requirements for approval. The court had to determine if the agreement was consistent with the principles of good faith bargaining and if it provided for fair and reasonable terms and conditions of employment.

The court considered the evidence provided by both parties and the submissions made during the hearing. It found that the agreement had been made in good faith and that it contained terms and conditions that were fair and reasonable. The court noted that the proposed agreement included provisions for minimum wages, allowances, and other entitlements that met or exceeded the statutory minimum standards. Furthermore, the court was satisfied that the agreement had been properly negotiated and that the process complied with the procedural requirements. Based on these findings, the court approved the AAT Kings Travel Directors Enterprise Agreement 2023.

The final orders of the court were that the AAT Kings Travel Directors Enterprise Agreement 2023 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and would be in effect from the date of the decision, binding both the employer and the employees represented by the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established