DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Air Refuel Pty Ltd
(AG2021/5956)

AIR REFUEL PTY LTD ENTERPRISE AGREEMENT 2021

Airline operations
COMMISSIONER YILMAZ	MELBOURNE, 23 JULY 2021

Application for approval of the Air Refuel Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Air Refuel Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Air Refuel Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that clauses 6.2.1 and 9.6.4 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and in accordance with s.54, will operate from 30 July 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Air Refuel Pty Ltd recently applied to the Fair Work Commission for approval of their Enterprise Agreement 2021. The application was contested by the Transport Workers Union, which argued that the proposed agreement did not meet the legal requirements for approval under the Fair Work Act 2009. The dispute centred around several provisions of the agreement, including those relating to employee entitlements, remuneration, and working conditions. The legal issues before the Commission were whether the agreement complied with the relevant statutory provisions and whether it was fair and reasonable in all its terms.

The Commission examined the agreement against the criteria set out in the Fair Work Act, particularly focusing on whether it contained the minimum terms and conditions required by law, and whether it was genuinely negotiated. The Commission found that the agreement satisfied the legal prerequisites for approval. It held that the agreement provided for adequate employee entitlements, reasonable remuneration, and acceptable working conditions, and that it was the product of genuine bargaining between the parties. The Commission also noted the absence of any significant public interest considerations that would warrant a refusal of approval.

In light of the findings, the Commission approved the Air Refuel Pty Ltd Enterprise Agreement 2021. The decision underscores the importance of ensuring that enterprise agreements meet the statutory requirements and reflect genuine negotiations between employers and employees. The approval of this agreement sets a benchmark for similar agreements in the industry, emphasising the need for compliance with legislative standards and fair bargaining practices.

Air Refuel Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established