The Travel Corporation Pty Ltd

[2013] FWCA 9144

[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

<Price code J, AE405468  PR544808>