Airport Link Company Pty Ltd T/A Airport Link

[2022] FWCA 4307

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Airport Link Company Pty Ltd T/A Airport Link

(AG2022/4729)

Airport Link Company Enterprise Agreement 2022

Rail industry
DEPUTY PRESIDENT EASTON	SYDNEY, 7 DECEMBER 2022

Application for approval of the Airport Link Company Enterprise Agreement 2022.

Airport Link Company Pty Ltd T/A Airport Link (the Employer) has made an application for the approval of the Airport Link Company Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

I note that Clause 22 – Personal/Carer’s Leave is potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the term is now consistent with s.107 of the Act.

The Australian Rail, Tram and Bus Industry Union (RTBU) was a bargaining representative for the Agreement and 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 RTBU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2022. The nominal expiry date of the Agreement is 7 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Airport Link Company Pty Ltd, trading as Airport Link, brought an application before the Fair Work Commission for the approval of the Airport Link Company Enterprise Agreement 2022. The dispute centred around the terms and conditions of employment for the company's staff, and whether the proposed agreement met the legal requirements for an enterprise agreement under the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement provided for a minimum rate of pay that complied with the national minimum wage and modern awards applicable to the employees, and whether it contained the mandated terms as per the Fair Work Act. The Commission also needed to determine if the agreement had been made in good faith and whether it provided for proper processes for resolving workplace disputes.

The Fair Work Commission determined that the proposed agreement met all the necessary requirements for approval. It found that the agreement provided for a minimum rate of pay that complied with the national minimum wage and relevant modern awards. The Commission was also satisfied that the agreement contained the mandated terms as required by the Fair Work Act and had been made in good faith. Furthermore, the agreement provided for appropriate processes for resolving workplace disputes. Consequently, the Commission approved the Airport Link Company Enterprise Agreement 2022.

The Commission's final orders were that the Airport Link Company Enterprise Agreement 2022 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the Commission's decision. This decision ensured that the agreement would govern the employment terms and conditions of the company's staff, providing a legally binding framework for their workplace relationships.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established