The Travel Corporation Pty Ltd

[2013] FWCA 5162

[2013] FWCA 5162

FAIR WORK COMMISSION

DECISION

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

The Travel Corporation Pty Ltd
(AG2013/7365)

THE TRAVEL CORPORATION TOUR DIRECTORS ENTERPRISE AGREEMENT 2013

Tourism industry
DEPUTY PRESIDENT SAMS	SYDNEY, 30 JULY 2013

Application for approval of The Travel Corporation Tour Directors Enterprise Agreement 2013.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by The Travel Corporation Pty Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as The Travel Corporation Tour Directors Enterprise Agreement 2013 (the ‘Agreement’). The Agreement is to cover 22 employees who are engaged as Tour Directors conducting group tours that require them to be away from home with the relevant tour group. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 14 March 2013, and voting for the Agreement’s approval took place on 17-18 June 2013. The time limits under s 181(2) of the Act are thereby satisfied. In a vote conducted by email by Human Resources Director, Ms H Cooney, 15 of the 18 employees who voted, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 2 July 2013, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms L Cooney, Human Resources Director, said that the relevant employees were ‘award free’, although submitted that the Passenger Vehicle Transportation Award 2010 [MA000063] was the closest relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Cooneysaid that the Agreement does not provide for permanent employment, as all of the employees are casual. However, the Agreement provides for a number of conditions that are in excess of, or are more beneficial, than the terms of the relevant reference instrument, including payment for National Park Accreditation course fees, provision for the payment of Commissions, a payment for half day for preparation for each tour conducted and discount travel for the employees and immediate family. Rates of pay are to be adjusted by 3% on 1 July of 2012, 2013, 2014 and 2015. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 7 and 8 respectively, and a disputes resolution procedure at clause 9 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 12 July 2013, Ms M Stanko, of Marg Stanko Industrial Relations Consultant Pty Ltd,appeared for the applicant. Ms Stanko outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. She explained that the employees were covered by a certified agreement, but before that, they were covered by common law arrangements. She also said that the employees were already being paid in accordance with the rates of pay applicable from 1 July 2012, with the rates applicable from 1 July 2013 to be paid on approval of the Agreement.

[5] Having heard the applicant’s submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as The Travel Corporation Tour Directors Enterprise Agreement 2013.Pursuant to s 54 of the Act, the Agreement shall operate from 19 July 2013 and have a nominal expiry date of 30 June 2016.

DEPUTY PRESIDENT

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