DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Travelex Limited
(AG2017/3567)

TRAVELEX ENTERPRISE AGREEMENT 2017

Retail industry
COMMISSIONER MCKINNON	MELBOURNE, 5 DECEMBER 2017

Application for approval of the Travelex Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Travelex Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Travelex Limited. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were Travelex Limited and the Australian Services Union. The dispute centred around the application for the approval of the Travelex Enterprise Agreement 2017. The matter was heard in the Fair Work Commission.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the process by which it was negotiated and the provisions concerning employee entitlements and protections. Additionally, the Commission had to determine if the agreement was in the best interests of the employees and if it complied with the relevant minimum standards.

The Commission found that the agreement was negotiated in good faith and contained provisions that were fair and reasonable. The Commission also concluded that the agreement was in the best interests of the employees, as it provided them with appropriate protections and entitlements. Furthermore, the agreement complied with the relevant minimum standards set out in the Fair Work Act 2009. Consequently, the Commission approved the Travelex Enterprise Agreement 2017.

The final orders included the approval of the Travelex Enterprise Agreement 2017, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees covered by the agreement.

Travelex Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established