Work Relations

[2014] FWCA 609

FAIR WORK COMMISSION

DECISION

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

Work Relations
(AG2013/12834)

TRAVELEX ENTERPRISE AGREEMENT 2013

Retail industry
COMMISSIONER CARGILL	SYDNEY, 28 JANUARY 2014

Application for approval of the Travelex Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Travelex Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Work Relations. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 4 February 2014. The nominal expiry date is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Work Relations, the applicant, being the employer, sought approval of the Travelex Enterprise Agreement 2013. The respondent, representing the employees, contested the approval on various grounds. The matter was heard in the Fair Work Commission. The central legal issues for the court to determine were whether the agreement met the procedural requirements for approval and if it provided fair terms and conditions for the employees.

The court examined the procedural requirements, including whether the agreement was genuinely negotiated and whether the necessary consultations were conducted. It also evaluated the substantive fairness of the agreement, considering factors such as pay rates, working conditions, and dispute resolution mechanisms. The court found that the negotiation process was valid and that the agreement had been fairly negotiated. The court was satisfied that the agreement contained terms that were fair and reasonable for the employees, taking into account the industry standards and the economic context.

The court approved the Travelex Enterprise Agreement 2013, finding that it met all the necessary requirements for approval. The decision was based on the evidence presented regarding the negotiation process and the terms of the agreement. The court's approval was contingent on the employer adhering to the agreed terms and conditions. This decision sets a precedent for similar enterprise agreements in the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established