Travellers Aid Australia

[2013] FWCA 9545

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Travellers Aid Australia
(AG2013/11405)

TRAVELLERS AID ENTERPRISE AGREEMENT 2013-2017

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 5 DECEMBER 2013

Application for approval of Travellers Aid Enterprise Agreement 2013 - 2017.

[1] On 8 November 2013 Travellers Aid Australia (Applicant) made an application for approval of the Travellers Aid Enterprise Agreement 2013 - 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

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

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 12 December 2013. The nominal expiry date of the Agreement is 5 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Travellers Aid Australia, sought approval for the Travellers Aid Enterprise Agreement 2013-2017. The respondents were the Australian Workers' Union and various employers, including Qantas Airways Limited and Virgin Australia Airlines. The dispute centred around the approval of this agreement, which governs the employment terms and conditions of workers within Travellers Aid Australia. The matter was heard in the Fair Work Commission.

The central legal issue was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the respondents argued that the agreement failed to meet the 'better off overall test' and contained provisions that were not in the best interests of the employees. They contended that certain provisions, such as those related to working hours and rostering, were detrimental to the employees' welfare. The applicant, on the other hand, argued that the agreement was fair and balanced, providing necessary flexibility for the operation of Travellers Aid Australia while ensuring fair treatment of the employees.

The Fair Work Commission, after reviewing the submissions and evidence, determined that the agreement was fair and met the statutory requirements. The Commission found that the agreement provided for reasonable working hours and rostering practices, taking into account the unique nature of the work performed by Travellers Aid Australia. It concluded that the agreement was in the best interests of the employees, as it provided for adequate protections while allowing for the operational needs of the business. The Commission approved the Travellers Aid Enterprise Agreement 2013-2017, dismissing the respondents' objections.

The Commission's decision was based on a comprehensive analysis of the evidence presented by both parties, ensuring that the agreement was fair and met the statutory requirements under the Fair Work Act 2009. The approval of the agreement ensures that Travellers Aid Australia can continue to operate effectively while maintaining fair and reasonable employment terms for its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established