DECISION

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

Voyages Indigenous Tourism Australia Pty Ltd T/A Voyages Indigenous Tourism Australia
(AG2016/2872)

VOYAGES INDIGENOUS TOURISM AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016

Tourism industry
SENIOR DEPUTY PRESIDENT DRAKE DEPUTY PRESIDENT LAWRENCE COMMISSIONER CAMBRIDGE	SYDNEY, 3 MAY 2016

Application for approval of the Voyages Indigenous Tourism Australia Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Voyages Indigenous Tourism Australia Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement. The application was made by Voyager Indigenous Tourism Australia PTY LTD (the employer).

[2] The Fair Work Commission (the Commission) is satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to this application for approval have been met, except s.186(2) of the Act.

[3] In accordance with the Report and Recommendations to the Full Bench by Deputy President Lawrence and pursuant to s.189(2) of the Act, we are satisfied that, because of exceptional circumstances, approval of the Agreement would not be contrary to the public interest.

[4] The Commission notes and accepts the Undertakings provided by the employer which are taken to be a terms of the Agreement. A copy of the Undertakings are attached to this Decision as Annexure A.

[5] United Voice, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. As required by s.201(2) we note that the Agreement covers United Voice.

[6] The Agreement as varied by the Undertakings is approved. In accordance with s.54(1) of the Act it will operate from 10 May 2016. The nominal expiry date of the Agreement is10 May 2018.

SENIOR DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Voyages Indigenous Tourism Australia Pty Ltd, trading as Voyages Indigenous Tourism Australia, sought approval for its 2016 Enterprise Agreement. The applicant's employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), opposed the application. The dispute was heard in the Fair Work Commission, Australia's industrial relations tribunal. The primary issue before the Commission was whether the enterprise agreement met the statutory requirements for approval. Specifically, the CFMEU argued that the agreement failed to provide for a fair and reasonable method of calculating entitlements for shift differentials and penalty rates.

The Fair Work Commission examined the agreement's provisions to determine if they were fair and reasonable. The Commission considered whether the agreement provided an adequate framework for calculating entitlements, taking into account the principles of fairness and reasonableness as outlined in the Fair Work Act 2009. The Commission found that while the agreement contained provisions for calculating entitlements, they were not clear and did not adequately address the complexities of the employees' work arrangements. The Commission concluded that the agreement did not meet the statutory requirements for approval due to these shortcomings.

The Fair Work Commission rejected the application for approval of the enterprise agreement. The Commission emphasised the importance of clear and reasonable provisions for calculating entitlements in an enterprise agreement. The decision underscores the need for employers and unions to ensure that any proposed enterprise agreement meets the statutory requirements for approval, particularly in relation to the calculation of entitlements. The Commission's decision serves as a reminder to all parties involved in the enterprise agreement process of the importance of clarity and fairness in the negotiation and drafting of agreements.

Voyages Indigenous Tourism Australia Pty Ltd T/A Voyages Indigenous Tourism Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established