Travelplan Australia Pty Ltd

[2014] FWCA 6404

[2014] FWCA 6404

FAIR WORK COMMISSION

DECISION

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

Travelplan Australia Pty Ltd
(AG2014/7371)

TRAVELPLAN AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2014

Tourism industry
DEPUTY PRESIDENT SAMS	SYDNEY, 12 SEPTEMBER 2014

Application for approval of the Travelplan Australia Pty Ltd Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Travelplan Australia Pty Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Travelplan Australia Pty Ltd Enterprise Agreement 2014 (the ‘Agreement’). The Agreement is to cover 33 employees who are engaged in retail and wholesale sales of ski holidays in Sydney and Melbourne.

[2] The employees were last notified of their representational rights on 26 June 2014, and voting for the Agreement’s approval took place between 18 and 20 August 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 20 of the 25 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 3 September 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr T Withers, Managing Director, said that applicant had used the General Retail Industry Award 2010 [MA000004] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’), though he did not believe that the employees were covered by that, or any other, Modern Award. Mr Witherssaid that the Agreement does provide for one condition that is less beneficial than the Modern Award in that employees may be required to average their ordinary hours of work of 38 hours over eight weeks during the peak ski season. However, the Agreement provides for a number of terms and conditions that are in excess of, or more beneficial than those under the reference instrument, including higher rates of pay and educational leave. It was also said that another benefit included the ability to cash out annual leave in certain circumstances. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 19 and 20 respectively, and a disputes resolution procedure at clause 21 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 12 September 2014, Ms L Gleeson, Solicitorappeared with Mr T Withers for the applicant. Ms Gleeson outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. She explained that rates of pay are to be increased by 2% on 1 July of each year during the nominal term of the Agreement.

[5] Having heard the applicant’s submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Travelplan Australia Pty Ltd Enterprise Agreement 2014.Pursuant to s 54 of the Act, the Agreement shall operate from 19 September 2014 and have a nominal expiry date of 1 July 2018.

DEPUTY PRESIDENT

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