Airport Fuel Services Pty Ltd

[2019] FWCA 6218

[2019] FWCA 6218

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Airport Fuel Services Pty Ltd
(AG2019/2711)

AIRPORT FUEL SERVICES ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER JOHNS	SYDNEY, 6 SEPTEMBER 2019

Application for approval of the Airport Fuel Services Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Airport Fuel Services Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Airport Fuel Services Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] I observe that clause 13.3.3 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 13.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[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 13 September 2019. The nominal expiry date of the Agreement is 19 May 2022.

COMMISSIONER

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