DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Airline Cleaning Services Pty Ltd T/A Cabin Services Australia
(AG2018/2274)

CABIN SERVICES AUSTRALIA ENTERPRISE AGREEMENT 2018

Airline operations
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 NOVEMBER 2018

Application for approval of the Cabin Services Australia Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cabin Services Australia Enterprise Agreement 2018 (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 Cabin Services Australia. The Agreement is a single enterprise agreement.

[2] The Employer 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 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 of the Act, will operate from 9 November 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Airline Cleaning Services Pty Ltd, trading as Cabin Services Australia, and its employees. The dispute centred around the application for approval of the Cabin Services Australia Enterprise Agreement 2018. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The employees argued that the proposed agreement did not adequately protect their rights and interests, while the employer contended that the agreement was fair and balanced.

The legal issues before the Commission included whether the agreement provided for the proper calculation of penalty rates, adequate minimum wages, appropriate allowances and loadings, and sufficient entitlements for shift work and overtime. The Commission also needed to consider whether the agreement was free from any unfair provisions and if it complied with the relevant provisions of the Fair Work Act and the National Employment Standards. The key issue was whether the agreement provided for the employees' proper remuneration and conditions of employment.

The Commission found that the proposed agreement did not meet the requirements for approval under the Fair Work Act. The agreement did not adequately protect the employees' rights and interests, particularly in relation to the calculation of penalty rates and overtime entitlements. The Commission determined that the agreement was not fair and balanced, as it did not provide for the proper remuneration and conditions of employment for the employees. Consequently, the application for approval of the Cabin Services Australia Enterprise Agreement 2018 was dismissed. The Commission directed the parties to negotiate in good faith to reach an agreement that would meet the legal requirements for approval.

Airline Cleaning Services Pty Ltd T/A Cabin Services Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established