Under the IATA Passenger Sales Agency Agreement, airlines cannot unilaterally exclude fuel surcharges from the calculation of agent commission. The fuel surcharge forms part of 'fares applicable' under section 9.4.1(b) of the Sales Agency Rules. While airlines may change the rate of commission, they cannot alter the sum upon which commission is calculated. Australian intermediate appellate courts should follow decisions of foreign appellate courts of comparable standing on international commercial agreements unless the decision is plainly wrong or clearly distinguishable.
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