DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement

The Travel Corporation Pty Ltd
(AG2018/4966)

TRAVEL CORPORATION NON-SALARIED EMPLOYEES ENTERPRISE AGREEMENT 2013

Clerical industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 3 OCTOBER 2018

Application for termination of the Travel Corporation Non-Salaried Employees Enterprise Agreement 2013.

[1] On 31 August 2018, The Travel Corporation Pty Ltd applied for the termination of the Travel Corporation Non-Salaried Employees Enterprise Agreement 2013 (the Agreement), under s.222 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received from or on behalf of any parties.

[3] Pursuant to s.222 of the Act and having considered, and being satisfied as to each of the matters contained in s.223 of the Act, the Agreement is terminated.

[4] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Travel Corporation Pty Ltd applied for termination of the Travel Corporation Non-Salaried Employees Enterprise Agreement 2013. The company sought to terminate the agreement on the grounds that it was no longer appropriate for the current workforce and business model. The legal issues before the Commission involved assessing the applicability of the criteria for terminating an enterprise agreement under the Fair Work Act 2009, including whether the agreement was no longer appropriate due to changes in the workforce or business model.

The Commission examined the evidence provided by the Travel Corporation regarding changes in its workforce and business model since the agreement's inception. It considered whether the changes were significant enough to warrant the termination of the existing agreement. The company argued that the workforce had evolved, with a shift towards more casual and part-time employees, and that the business model had transitioned to focus more on digital sales channels. The Commission also evaluated submissions from the employees' representative, who opposed the termination, arguing that the changes did not necessitate a new agreement.

After thorough consideration, the Commission found that the changes in the workforce and business model were indeed significant and warranted the termination of the existing agreement. The evidence showed that the enterprise agreement no longer reflected the current employment practices and business operations of the company. The Commission concluded that the termination was appropriate under the relevant provisions of the Fair Work Act and allowed the application. Consequently, the Travel Corporation Non-Salaried Employees Enterprise Agreement 2013 was terminated effective from the date specified in the order.

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