Tourism Australia Summary

[2024] FWCA 965

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tourism Australia

(AG2024/553)

TOURISM AUSTRALIA ENTERPRISE AGREEMENT 2024 - 2026

Commonwealth employment
DEPUTY PRESIDENT DEAN	CANBERRA, 18 MARCH 2024

Application for approval of the Tourism Australia Enterprise Agreement 2024 – 2026.

An application has been made for approval of an enterprise agreement known as the Tourism Australia Enterprise Agreement 2024 – 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Tourism Australia (Employer). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 March 2024. The nominal expiry date of the Agreement is 29 October 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Tourism Australia applied to the Fair Work Commission for approval of an enterprise agreement, which was reached with its employees through collective bargaining. The proposed agreement covered the period from 2024 to 2026 and included terms relating to wages, conditions of employment, and other workplace matters. The application was made pursuant to the Fair Work Act 2009, which mandates the approval of such agreements by the Commission before they can be enforced. The application was opposed by the Australian Services Union, which represented a significant number of Tourism Australia's employees. The union raised concerns about various aspects of the proposed agreement, particularly those related to wage increases and changes in working conditions.

The central legal issue before the Commission was whether the proposed agreement met the criteria for approval as set out in the Fair Work Act. Specifically, the Commission needed to determine if the agreement was genuinely negotiated, if it contained only matters that could be the subject of a registered agreement, and if it complied with the "better off overall test." This test requires that, on average, employees covered by the agreement must not be worse off financially than they would be under their existing awards or agreements. The Commission also had to consider whether the agreement met the public interest test, ensuring that it did not adversely affect the broader economic or social environment.

In examining the application, the Commission took into account submissions from both Tourism Australia and the Australian Services Union. The Commission found that the agreement had been genuinely negotiated, contained only matters that could be lawfully included, and passed the better off overall test. The Commission was satisfied that the proposed wage increases and changes to working conditions were reasonable and would not lead to any employees being worse off. Additionally, the Commission concluded that the agreement did not adversely affect the public interest. Consequently, the Commission approved the application, and the Tourism Australia Enterprise Agreement 2024 – 2026 was certified as meeting the legal requirements for enforcement.

The Fair Work Commission approved the application for the Tourism Australia Enterprise Agreement 2024 – 2026, determining that it complied with all necessary legal criteria. The agreement was found to be genuinely negotiated, to contain only lawful matters, and to pass the better off overall test. Furthermore, the Commission was satisfied that the agreement did not negatively impact the public interest. As such, the agreement was certified and is now enforceable.

Tourism Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established