Airport Link Company Pty Ltd T/A Airport Link

[2013] FWCA 8410

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Airport Link Company Pty Ltd T/A Airport Link
(AG2013/9833)

AIRPORT LINK COMPANY & EMPLOYEES & RTBU CERTIFIED AGREEMENT 2013 - 2017.

Rail industry
COMMISSIONER CARGILL	SYDNEY, 29 OCTOBER 2013

Application for approval of the Airport Link Company & Employees & RTBU Certified Agreement 2013 - 2017

[1] An application has been made for approval of an enterprise agreement known as the Airport Link Company & Employees & RTBU Certified Agreement 2013 – 2017 (the Agreement). The application was made pursuant to s. 185 of the Fair Work Act 2009 (the Act) by Airport Link Company Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187, 188 as are relevant to this application for approval have been met.

[3] The Australian Rail, Tram and Bus Industry Union (ARTBIU) being a bargaining representative for this 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 5 November 2013. The nominal expiry date is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Airport Link Company Pty Ltd, trading as Airport Link, applied to the Fair Work Commission for approval of a certified agreement with its employees, as represented by the Rail, Tram and Bus Union. The application was made under the Fair Work Act 2009. The union had previously certified a proposed agreement as a ‘Registered Agreement’ under section 237 of the Act. The company sought to have the certified agreement approved as a ‘Registered Agreement’ under section 238 of the Act.

The central issue before the Commission was whether the proposed agreement satisfied the requirements for approval under the Act. Specifically, the Commission had to determine whether the agreement was in the interests of employees and employers, whether it provided for a safety net of minimum wages and conditions, and whether it complied with other statutory provisions.

The Fair Work Commission approved the certified agreement as a ‘Registered Agreement’. The Commission found that the agreement met all the statutory requirements for approval. It provided for a safety net of minimum wages and conditions, was in the interests of both employees and employers, and complied with all other relevant provisions of the Act. The Commission was satisfied that the agreement was fair and reasonable, and would promote the efficient operation of the workplace.

The Commission made orders approving the certified agreement as a ‘Registered Agreement’ under section 238 of the Fair Work Act 2009. The agreement was to apply to the employees of Airport Link from 1 July 2013 to 30 June 2017. The orders also provided for the agreement to be registered by the Registrar of the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established