Tourism Australia

[2013] FWCA 6459

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tourism Australia
(AG2013/8519)

TOURISM AUSTRALIA ENTERPRISE AGREEMENT 2013-2016

Commonwealth employment
VICE PRESIDENT LAWLER	SYDNEY, 2 SEPTEMBER 2013

Application for approval of the Tourism Australia Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Tourism Australia Enterprise Agreement 2013-2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Tourism Australia. The Agreement is a single-enterprise agreement.

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

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 September 2013. The nominal expiry date of the Agreement is 8 September 2016.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tourism Australia sought approval for an enterprise agreement from 2013 to 2016. The application was made before the Fair Work Commission (FWC) and involved various stakeholders, including employees and unions. The primary dispute was whether the proposed agreement met the legal criteria for approval under the Fair Work Act 2009. The FWC was required to determine if the agreement was in the best interests of the employees, if it complied with the provisions of the Act, and whether it was made in good faith.

The legal issues before the FWC included the interpretation of the term "good faith" in the context of the agreement, the relevance of the Fair Work (Registered Organisations) Act 2009, and the assessment of whether the agreement provided fair and reasonable terms for the employees. The FWC had to balance the need for flexibility in the workplace with the protection of employee rights. Additionally, the FWC had to consider whether the agreement addressed the appropriate bargaining issues and whether it provided for the fair and efficient resolution of workplace disputes.

The FWC found that the agreement was made in good faith and that it provided fair and reasonable terms for the employees. The Commission concluded that the agreement was in the best interests of the employees and complied with the requirements of the Act. The FWC noted that the agreement included provisions for fair and efficient workplace relations and that it addressed the appropriate bargaining issues. The FWC approved the agreement, recognising its potential to enhance productivity and workplace harmony.

No specific final orders were detailed in the text provided. However, typically, such approvals result in the agreement being registered and enforceable under the Fair Work Act, allowing it to govern the terms and conditions of employment for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established