DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Airport Fuel Services Pty Ltd
(AG2015/806)

AIRPORT FUEL SERVICES ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 19 MAY 2015

Application for approval of the Airport Fuel Services Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Airport Fuel Services Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) 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 of the Act as is relevant to this application for approval has been met.

[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 May 2015. The nominal expiry date of the Agreement is 18 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Airport Fuel Services Pty Ltd, an employer within the aviation industry, sought approval of an Enterprise Agreement from the Fair Work Commission. The application was brought by the company against its employees, who were represented by the Transport Workers Union of Australia. The nature of the dispute centred around the terms and conditions of employment as outlined in the proposed Enterprise Agreement. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant industrial relations legislation.

The central legal issues before the Commission involved assessing whether the agreement was genuinely a bargain between the parties, whether it contained the required minimum terms and conditions, and whether it complied with procedural fairness. The Commission also needed to consider if the agreement was in the best interests of the employees and the broader industrial relations system.

The Fair Work Commission found that the proposed Enterprise Agreement was a genuine bargain made between the parties, and it contained all the required minimum terms and conditions. The Commission noted that the agreement was fair and balanced, taking into account the needs and interests of both the employer and the employees. The procedural fairness was also upheld, as the employees had been adequately consulted and informed throughout the bargaining process. Therefore, the Commission approved the Enterprise Agreement, considering it to be in the best interests of the employees and the industrial relations system.

As a result of the Fair Work Commission's decision, the Airport Fuel Services Enterprise Agreement 2014 was approved and will now govern the employment terms and conditions between the company and its employees. The final orders of the Commission include the approval of the agreement, effective from the date of the decision, and the parties are directed to comply with the terms and conditions as set out in the agreement.

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