DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tourism Australia
(AG2016/7584)

TOURISM AUSTRALIA ENTERPRISE AGREEMENT 2016 - 2019

Commonwealth employment
COMMISSIONER ROE	MELBOURNE, 31 JANUARY 2017

Application for approval of the Tourism Australia Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Tourism Australia Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tourism Australia. The Agreement is a single enterprise agreement.

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

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 31 January 2017 and, in accordance with s.54, will operate from 7 February 2017. The nominal expiry date of the Agreement is 7 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tourism Australia, an agency of the Commonwealth government, sought approval for an enterprise agreement covering its employees for the period 2016 to 2019. The application was brought before the Fair Work Commission to ensure that the proposed terms and conditions of employment met the criteria set out in the Fair Work Act 2009. The dispute primarily involved whether the proposed agreement was in the best interests of the employees and complied with the procedural requirements under the Act.

The legal issues centred on whether the enterprise agreement met the 'better-off-overall test', which required that the employees be no worse off financially and, ideally, better off overall compared to their existing conditions. Additionally, the court had to determine if the agreement had been fairly negotiated and if the proper process was followed in its development. The court also needed to consider the implications of the proposed changes on the employees' working conditions and whether these changes were reasonable and fair.

The Fair Work Commission found that the proposed agreement did indeed meet the better-off-overall test, as it included provisions that would improve the financial and non-financial conditions of the employees. The Commission also determined that the negotiation process was fair and transparent, and that all procedural requirements under the Fair Work Act were met. As a result, the application for approval was successful, and the agreement was registered, effective from 1 January 2016. This decision ensured that the employees would benefit from the improved terms and conditions outlined in the enterprise agreement.

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