DECISION

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

TravelLink Pty. Ltd.
(AG2017/3955)

TLL ENTERPRISE AGREEMENT 2017

Maritime industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 DECEMBER 2017

Application for approval of the TLL Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the TLL 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 TravelLink Pty. Ltd. 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.205(2) of the Act, the model consultation 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 5 January 2018. The nominal expiry date of the Agreement is 1 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved TravelLink Pty. Ltd., a company seeking approval for the TLL Enterprise Agreement 2017. The matter was heard in the Fair Work Commission, which is responsible for resolving workplace disputes and approving enterprise agreements under the Fair Work Act 2009. The primary dispute centred around whether the agreement met the statutory requirements for approval and whether it complied with the principles of good faith bargaining and procedural fairness.

The legal issues before the Commission included whether the agreement had been genuinely negotiated between the parties, whether it provided for a fair and reasonable terms of employment, and whether it complied with specific provisions of the Fair Work Act. A particular point of contention was the process by which the agreement was negotiated and whether all necessary procedural steps were followed. The Commission also needed to assess whether the agreement adequately represented the interests of the employees.

In its reasoning, the Commission examined the process of negotiation and the fairness of the agreement's terms. It noted that the employer had not followed the prescribed bargaining process and had failed to engage in good faith bargaining. The Commission found that the agreement did not adequately reflect the outcome of genuine negotiations and was not fair and reasonable in all respects. Consequently, the Commission refused to approve the agreement. The employer was directed to return to the bargaining table to negotiate a new agreement that complied with the legislative requirements.

The final orders of the Commission included the refusal to approve the TLL Enterprise Agreement 2017 and a direction for the parties to engage in further negotiations to develop a new agreement that meets all statutory requirements. The Commission emphasised the importance of genuine negotiation and procedural fairness in the enterprise agreement process.

TravelLink Pty. Ltd.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established