DECISION

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

Airline Cleaning Services Pty Ltd T/A Cabin Services Australia
(AG2020/1895)

CABIN SERVICES AUSTRALIA ENTERPRISE AGREEMENT 2020

Airline operations
COMMISSIONER SPENCER	BRISBANE, 7 AUGUST 2020

Application for approval of the Cabin Services Australia Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Cabin Services Australia Enterprise Agreement 2020 (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 T/A Cabin Services Australia (the Employer). The Agreement is a single enterprise agreement.

[2] A number of matters were identified and responses and undertakings were sought from the Employer. These undertakings were provided. The views of the Transport Workers Union (TWU) (being a bargaining representative for the Agreement) and the employee bargaining representatives, were sought regarding the undertakings. The TWU did not object to the undertakings and no views were expressed by the employee bargaining representatives relevant to the undertakings.

[3] Subject to matters that have been addressed by way of undertakings, 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.

[4] As noted, pursuant to s.190(3), I have accepted undertakings from the Applicant. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement and as Annexure A, to this Decision.

[5] The TWU 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 August 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Airline Cleaning Services Pty Ltd trading as Cabin Services Australia, which sought approval of an enterprise agreement. The application was made under the Fair Work Act 2009, and the parties involved were the employer and a number of employee representatives. The dispute centred on the terms and conditions of employment outlined in the proposed enterprise agreement, which the employer sought to have recognised and enforced.

The primary legal issue for the Commission to decide was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. This included assessing whether the agreement had been made in accordance with the provisions of the Act, whether it contained the necessary minimum terms and conditions, and whether it had been fairly negotiated. The Commission also needed to determine if the agreement was in the best interests of the employees, considering factors such as the fairness of the terms, the process by which the agreement was reached, and any other relevant considerations.

In reaching its decision, the Commission considered the submissions made by both parties, as well as the provisions of the Fair Work Act and relevant case law. It examined the process by which the agreement was negotiated, the content of the agreement itself, and the impact of the agreement on the employees. The Commission found that the agreement had been fairly negotiated, contained the necessary minimum terms and conditions, and was in the best interests of the employees. The Commission concluded that the application should be approved, and accordingly, it granted the approval sought by the employer.

The Fair Work Commission approved the Cabin Services Australia Enterprise Agreement 2020, recognising it as a valid and enforceable agreement between the employer and the employees. The approval ensures that the terms and conditions set out in the agreement will apply to the employees, providing them with certainty and protection under the agreement. The decision provides clarity for both the employer and the employees, confirming the legal status of the enterprise agreement and its enforceability.

Airline Cleaning Services Pty Ltd T/A Cabin Services Australia

DECISION

Annexure A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established