DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Airport Development Group Pty Limited Pty Ltd T/A Northern Territory Airports Pty Ltd
(AG2018/226)

NORTHERN TERRITORY AIRPORTS ENTERPRISE AGREEMENT 2017 - 2020

Northern Territory
COMMISSIONER LEE	MELBOURNE, 20 JUNE 2018

Application for approval of the Northern Territory Airports Enterprise Agreement 2017-2020 (Darwin, Alice Springs and Tennant Creek).

[1] An application has been made for approval of an enterprise agreement known as the Northern Territory Airports Enterprise Agreement 2017-2020 (Darwin, Alice Springs and Tennant Creek) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Airport Development Group Pty Limited Pty Ltd T/A Northern Territory Airports 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2018. The nominal expiry date of the Agreement is 19 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Airport Development Group Pty Limited trading as Northern Territory Airports Pty Ltd, sought approval of the Northern Territory Airports Enterprise Agreement 2017-2020 (the Agreement) from the Fair Work Commission (FWC). The dispute arose due to the applicants' contention that the Agreement met the requirements of the Fair Work Act 2009, specifically in relation to the approval process for a modern award. The FWC was tasked with determining whether the Agreement had been fairly negotiated and if it satisfied the criteria for a modern award.

The central legal issue before the FWC was whether the Agreement complied with the procedural and substantive requirements of the Fair Work Act, including the need for the agreement to be fairly negotiated and to address matters specified in the relevant modern award. The applicants argued that the Agreement had been negotiated in good faith and contained terms that were fair and reasonable. The FWC needed to assess these claims, taking into account the evidence presented and the statutory framework governing the approval of such agreements.

In evaluating the application, the FWC considered the process of negotiation, the content of the Agreement, and its alignment with the Fair Work Act and the Northern Territory Airports Award 2016. The FWC concluded that the Agreement had been fairly negotiated and that it contained terms which were fair and reasonable. The FWC found that the applicants had demonstrated compliance with the statutory requirements and approved the Agreement. The FWC's decision was grounded in the evidence of good faith negotiations and the reasonableness of the Agreement's terms.

The FWC approved the Northern Territory Airports Enterprise Agreement 2017-2020, finding it to be a modern award that met the criteria under the Fair Work Act. The FWC's decision was made in light of the evidence presented regarding the negotiation process and the content of the Agreement. The approval signifies that the Agreement is now legally binding on the parties involved, effective from the specified date.

Airport Development Group Pty Limited Pty Ltd T/A Northern Territory Airports 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