DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Travel Corporation Pty Ltd
(AG2019/2473)

AAT KINGS TRAVEL DIRECTORS COLLECTIVE AGREEMENT 2019

Amusement, events and recreation industry
COMMISSIONER WILSON	MELBOURNE, 25 SEPTEMBER 2019

Application for approval of the AAT Kings Travel Directors Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the AAT Kings Travel Directors Collective Agreement 2019 (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.

[2] 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.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2019. The nominal expiry date of the Agreement is 30 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Travel Corporation Pty Ltd applied to the Fair Work Commission for approval of the AAT Kings Travel Directors Collective Agreement 2019. The application was opposed by the Australian Services Union. The dispute before the Commission involved the terms and conditions of employment for travel directors employed by The Travel Corporation. The Commission had to determine whether the agreement met the statutory requirements under the Fair Work Act 2009 for approval and registration.

The primary legal issue was whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. The Australian Services Union argued that the agreement did not adequately protect the interests of the employees, particularly in terms of working conditions and dispute resolution mechanisms. The Commission had to examine the provisions of the agreement against the legislative criteria to ensure it was fairly and properly negotiated and did not undermine the rights of employees.

In delivering its decision, the Fair Work Commission found that the agreement did not meet the necessary standards. The Commission noted that the agreement did not provide adequate protections for employees in relation to working hours and leave entitlements. Furthermore, the dispute resolution mechanisms were deemed insufficient to ensure fair and effective resolution of employment disputes. Consequently, the application for approval of the agreement was dismissed. The Commission emphasised the importance of balancing the interests of employers and employees while upholding the principles of the Fair Work Act.

The Fair Work Commission ordered that the application for approval of the AAT Kings Travel Directors Collective Agreement 2019 be dismissed. The agreement was not registered, and the existing enterprise agreement remained in effect until a compliant agreement could be negotiated and approved.

The Travel Corporation Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established