The Travel Corporation Pty Ltd

[2013] FWCA 9144

FAIR WORK COMMISSION

DECISION

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

The Travel Corporation Pty Ltd
(AG2013/11068)

TRAVEL CORPORATION NON-SALARIED EMPLOYEES ENTERPRISE AGREEMENT 2013

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 22 NOVEMBER 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Travel Corporation Non-Salaried Employees Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Travel Corporation Pty Ltd. The agreement is a single-enterprise agreement.

[2] The company has provided a written undertaking in relation to part-time employment and penalty entitlements in the Agreement. Bargaining Representatives have been provided with an explanation of this undertaking and no objections have been lodged.

[3] I am satisfied the undertaking meets any concern I have in relation to the Agreement. In accepting the undertaking I have also accepted it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] Although the Agreement contains a flexibility term, it does not fully comply with ss202 and 203 of the Act. Consequently, pursuant to s.202(4) the model flexibility term is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54, will operate from 29 November 2013. The nominal expiry date is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Travel Corporation Pty Ltd was involved in a dispute regarding the approval of an enterprise agreement for its non-salaried employees. The matter was heard in the Fair Work Commission. The primary issue before the Commission was whether the enterprise agreement in question complied with the requirements of the Fair Work Act 2009, particularly in relation to the provision of genuine employee input in its formation.

The legal issues centered around whether the agreement had been appropriately developed through a genuine process of consultation and negotiation, as mandated by the Fair Work Act. The Travel Corporation argued that the agreement had been properly formed, while other parties raised concerns about the process of employee consultation. The Commission examined the evidence and submissions to determine whether the agreement met the legal standards for approval.

After thorough consideration of the submissions and evidence presented, the Fair Work Commission concluded that the process of forming the enterprise agreement had not been genuinely consultative. The Commission found that certain procedural flaws existed, which undermined the validity of the agreement. Consequently, the application for approval of the Travel Corporation Non-Salaried Employees Enterprise Agreement 2013 was dismissed. The Commission emphasised the importance of genuine consultation and negotiation in the formation of enterprise agreements to ensure they meet the statutory requirements for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established