Wotif.com Pty Ltd

[2014] FWCA 5908

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wotif.com Pty Ltd
(AG2014/7079)

WOTIF CUSTOMER SERVICE ENTERPRISE AGREEMENT 2014

Clerical industry
COMMISSIONER ROBERTS	SYDNEY, 27 AUGUST 2014

Application for approval of the Wotif Customer Service Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Wotif Customer Service Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Wotif.com Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 26 August 2014 an undertaking was provided by Ms J Chambers, the Company’s People and Culture Manager ANZ, in relation to clause 11 (Dispute Resolution Process) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 September 2014. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Wotif.com Pty Ltd, the applicant sought approval of the Wotif Customer Service Enterprise Agreement 2014. The case was heard in the Fair Work Commission of Australia. The applicant, a prominent online travel agency, entered into an enterprise agreement with the Retail and Fast Food Workers Union, which represented a number of its customer service employees. The primary dispute was whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission involved examining whether the agreement contained all the prescribed terms and conditions as stipulated by the Fair Work Act. Key points of contention included whether the agreement adequately addressed the remuneration, working hours, leave provisions, and dispute resolution mechanisms for the affected employees. The Commission also considered whether the agreement had been made in good faith and whether it complied with the requirements for simplification and transparency.

In its reasoning, the Commission found that the Wotif Customer Service Enterprise Agreement 2014 contained all necessary prescribed terms and was made in good faith. The agreement was deemed to be sufficiently transparent and simplified as required by law. The Commission noted that the bargaining process had been conducted fairly and that the agreement reflected a balanced consideration of the interests of both the employer and the employees. Consequently, the Fair Work Commission approved the agreement, finding it to be compliant with all statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established