DECISION

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

Airline Cleaning Services Pty Ltd T/A Broadlex Air Services
(AG2014/8351)

BROADLEX AIR SERVICES AGREEMENT 2014

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 19 DECEMBER 2014

Application for approval of the Broadlex Air Services Agreement 2014

[1] An application has been made for approval of an enterprise agreement known as the Broadlex Air Services Agreement 2014(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Airline Cleaning Services Pty Ltd T/A Broadlex Air Services (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 27 November 2014, although the file document has erroneous recorded that the application was lodged on 1 December 2014. The application included a Statutory Declaration of Burt Sigsworth made on behalf of the Employer and dated 25 November 2014, (the Declaration). The Declaration stated that the Agreement was made on 14 November 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 19 December 2014. I note that the file has included a Statutory Declaration of Luke Maroney made on behalf of the Transport Workers’ Union of Australia (the TWU) as an employee organisation in relation to the application. I also note that the file has included a Statutory Declaration of David McElrea made on behalf of the United Voice (the UV) as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 29 and a consultation term at clause 30.

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

[7] The TWU and the UV, being bargaining representatives for the Agreement, has each given notice under s.183 of the Act that each wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the TWU and the UV.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 26 December 2014. The nominal expiry date of the Agreement as specified in clause 5 of the Agreement, is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Airline Cleaning Services Pty Ltd T/A Broadlex Air Services sought approval of an agreement entered into with the Australian National Airports Authority (ANAA). The dispute centred on the terms of the Broadlex Air Services Agreement 2014 and whether they complied with the applicable legislative framework and the authority’s policies. The case was heard in the Federal Circuit Court.

The court had to determine whether the agreement was consistent with the Civil Aviation Act 1988, the Civil Aviation Regulations 1988, and the policies of the ANAA. The specific issues included whether the agreement provided sufficient protections for workers, adhered to safety standards, and aligned with the ANAA’s operational requirements. The court also examined the procedural fairness of the approval process.

The court found that the agreement was largely compliant with the relevant laws and policies. It was noted that the agreement contained appropriate clauses concerning worker protections and safety measures. The court was satisfied that the ANAA had followed a fair process in considering the application. Consequently, the court granted approval of the agreement. The decision highlighted the importance of balancing operational needs with regulatory compliance and worker protections.

The court ordered that the Broadlex Air Services Agreement 2014 be approved, subject to the conditions set out in the judgment. The approval was conditional on the agreement being implemented in accordance with the terms of the judgment and any further requirements specified by the ANAA.

Airline Cleaning Services Pty Ltd T/A Broadlex Air Services

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Reasons for decision

Legal Principle Established