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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Airport Fuel Services Pty Ltd recently sought approval for the Airport Fuel Services Enterprise Agreement 2019 from the Fair Work Commission. The applicant, Airport Fuel Services, is an employer engaged in the provision of fuel services at an Australian airport. The dispute centred on the terms and conditions outlined in the proposed agreement, which the applicant intended to apply to its employees. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal criteria for approval.

The primary legal issues before the Commission involved whether the agreement was made in good faith, whether it provided for fair and reasonable terms, and if it was appropriately certified by the relevant bargaining representative. Additionally, the Commission needed to assess if the agreement complied with any relevant statutory requirements and whether it provided adequate protection for employees' interests.

The Commission examined the certification process and the nature of the negotiations leading to the agreement. It considered whether the agreement was made in good faith, whether it included terms that were fair and reasonable, and whether it met the statutory requirements. The Commission concluded that the agreement was appropriately certified and made in good faith, providing fair and reasonable terms for the employees. The Commission found that the agreement complied with all necessary statutory requirements and was in the best interests of the employees. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Airport Fuel Services Enterprise Agreement 2019, subject to the conditions set forth in the decision. This decision ensures that the agreement is legally binding and can be implemented by the employer.

Airport Fuel Services 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