DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Air Refuel Pty Ltd
(AG2016/7937)

AIR REFUEL PTY LTD ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER WILSON	DARWIN, 4 APRIL 2017

Application for approval of the Air Refuel Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Air Refuel Pty Ltd Enterprise Agreement 2016 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Transport Workers’ Union of Australia and National Union of Workers being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2017. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Air Refuel Pty Ltd sought approval of an enterprise agreement that was intended to cover its employees. The matter was brought before the Fair Work Commission. The primary legal issue that the commission needed to address was whether the agreement complied with the requirements set out in the Fair Work Act 2009. This involved examining whether the agreement was made in good faith, whether it contained certain mandatory terms, and if it had been properly certified.

The commission considered whether the agreement met the statutory criteria for approval, including the requirement for genuine bargaining to have taken place. The commission examined the process by which the agreement was negotiated and whether it involved genuine attempts by both parties to reach an agreement. Additionally, the commission assessed if the agreement contained all the mandatory terms stipulated by the Act and whether any provisions were contrary to public policy. The commission found that the agreement did comply with the necessary statutory requirements and was thus approved.

Given its findings, the commission determined that the enterprise agreement should be approved and registered. The decision emphasised the importance of ensuring that such agreements adhere to the legal framework designed to protect the interests of both employers and employees. The commission's ruling was definitive in confirming the validity of the agreement, thereby setting a precedent for similar future applications.

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