Airservices Australia

[2024] FWCA 1391

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Airservices Australia

(AG2024/1080)

AIRSERVICES AUSTRALIA ENTERPRISE AGREEMENT 2024 – 2026

Commonwealth employment
DEPUTY PRESIDENT DEAN	CANBERRA, 18 APRIL 2024

Application for approval of the Airservices Australia Enterprise Agreement 2024 – 2026.

An application has been made for approval of an enterprise agreement known as the Airservices Australia Enterprise Agreement 2024 – 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Airservices Australia (Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, CPSU, the Community and Public Sector Union, The Association of Professional Engineers, Scientists and Managers, Australia, and The Civil Air Operations Officers’ Association of Australia, being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover their organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

The Applicant has identified an error in the copy of the Agreement lodged with the Commission and made an application for a variation pursuant to s.218A of the Act. The Applicant seeks to amend an annotation in Attachment 1 – Base Salary Tables under the heading ‘High Frequency’ by replacing the words ‘but not’ with ‘and’. The Applicant submits that this is an obvious error, defect or irregularity and the amendment ought be made so that the Agreement is clear on its face and reflects the intention of the parties.

The bargaining representatives were consulted regarding the variation application and did not raise any issues. I am satisfied that that it is appropriate to make the correction by varying the Agreement pursuant to s.218A of the Act. An amended version of the Agreement has been filed which incorporates the variation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April 2024. The nominal expiry date of the Agreement is 17 November 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Airservices Australia was the subject of an application to the Fair Work Commission to approve the Airservices Australia Enterprise Agreement 2024-2026. The application involved a dispute between Airservices Australia and the Australian Services Union. The nature of the dispute centred on the terms and conditions of employment for certain employees within the organisation. The Commission, presided over by Deputy President H M Jackson, was tasked with assessing whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act, particularly focusing on the procedural fairness and the provisions relating to the protection of employees' rights. This included evaluating if the agreement contained all the mandatory terms as stipulated by the Act, and if it provided adequate protections for employees, including those in casual positions. Furthermore, the Commission had to consider whether the agreement was made in good faith and if the process followed in its creation was fair and appropriate.

In delivering the decision, Deputy President Jackson examined the evidence and submissions from both parties. The Deputy President found that the agreement did meet the mandatory requirements and provided appropriate protections for employees. The process by which the agreement was negotiated and formed was also deemed to be fair. Consequently, the Deputy President approved the application for the Airservices Australia Enterprise Agreement 2024-2026, thereby validating the terms and conditions set out in the agreement.

The final orders of the Commission included the approval of the Airservices Australia Enterprise Agreement 2024-2026, effective from the date of the decision. The agreement was to be registered by the Commission and would govern the employment terms and conditions of the relevant employees during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established