DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tourism Australia
(AG2020/3004)

TOURISM AUSTRALIA ENTERPRISE AGREEMENT 2020 - 2023

Commonwealth employment
COMMISSIONER PLATT	ADELAIDE, 23 OCTOBER 2020

Application for approval of the Tourism Australia Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Tourism Australia Enterprise Agreement 2020-2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Tourism Australia (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 16 October 2020.

[3] On 21 October 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 21 October 2020. The undertaking deals with the following topics:

• The Applicant will not engage casual employees under the Agreement.

• A Cadet or Trainee, when rostered to work, will not be rostered for less than 3 hours.

• In relation to clause 74.2, if notice is not given, the Applicant may deduct an amount in lieu from any final wages owing.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The CPSU, the Community and Public Sector Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 29 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Tourism Australia, sought approval for a proposed enterprise agreement covering the period from 2020 to 2023. The applicant argued that the proposed agreement was fair and reasonable in all respects, while the respondents raised objections, contending that the proposed agreement did not adequately address certain aspects of employee conditions and entitlements.

The legal issues before the Commission centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was fair and reasonable, and whether it provided for appropriate mechanisms for the resolution of disputes and the protection of employees' rights and entitlements.

In delivering its decision, the Commission carefully considered the arguments presented by both parties, examining the proposed agreement's provisions and the context in which it was negotiated. The Commission found that, overall, the proposed agreement was fair and reasonable, providing for appropriate conditions and entitlements for employees. The Commission acknowledged the respondents' concerns but was satisfied that the proposed agreement contained adequate mechanisms for the resolution of disputes and the protection of employees' rights and entitlements. Consequently, the Commission approved the proposed agreement, subject to certain modifications to address the respondents' concerns.

The Commission's final orders included the approval of the Tourism Australia Enterprise Agreement 2020-2023, with the modifications made to address the respondents' concerns. The approved agreement is now in effect and will govern the employment conditions and entitlements of Tourism Australia employees for the specified period.

Tourism Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established