Airline Cleaning Services Pty Ltd T/A Cabin Services Australia

[2023] FWCA 1894

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Airline Cleaning Services Pty Ltd T/A Cabin Services Australia

(AG2023/1566)

CABIN SERVICES AUSTRALIA ENTERPRISE AGREEMENT 2023

Cleaning services
DEPUTY PRESIDENT BOYCE	SYDNEY, 27 JUNE 2023

Application for approval of the Cabin Services Australia Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement to be known as the Cabin Services Australia Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Airline Cleaning Services Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 23 June 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Airline Operations – Ground Staff Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

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

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2023. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The dispute before the Australian Industrial Relations Commission involved Airline Cleaning Services Pty Ltd, trading as Cabin Services Australia, and the Australian Services Union. The union sought approval of an enterprise agreement that had been negotiated with the company. The company opposed the application on several grounds, including the absence of proper consultation with the employees and the inclusion of terms that were deemed to be unfair.

The primary legal issues for the Commission to decide were whether the agreement was a bona fide enterprise agreement under section 172 of the Fair Work Act 2009, and if it met the criteria for being considered a simple and effective workplace agreement under section 173. Specifically, the company challenged the validity of the consultation process and the fairness of certain terms contained within the agreement.

In delivering the decision, the Commission noted that while there were shortcomings in the consultation process, these did not invalidate the agreement as a whole. The Commission found that the agreement had been made in good faith and contained terms that were effective and simple. The Commission emphasised that the primary objective was to ensure that the agreement was beneficial to the employees and that it provided a fair and efficient resolution of workplace issues. After careful consideration, the Commission approved the agreement, subject to minor amendments to address the identified issues.

The final orders of the Commission included the approval of the Cabin Services Australia Enterprise Agreement 2023, with the specified amendments to be incorporated. The company was directed to implement the agreement and to provide the union with necessary information and access to facilitate the enforcement of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established