Airservices Australia Summary

[2023] FWCA 473

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Airservices Australia

(AG2023/83)

Airservices Australia (Aviation Rescue and Fire Fighting) Enterprise Agreement 2022-2023

Commonwealth employment
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 15 FEBRUARY 2023

Application for approval of the Airservices Australia (Aviation Rescue and Fire Fighting) Enterprise Agreement 2022-2023

An application has been made for approval of an enterprise agreement known as the Airservices Australia (Aviation Rescue and Fire Fighting) Enterprise Agreement 2022-2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

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

The United Firefighters' Union of Australia, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 22 February 2023. The nominal expiry date of the Agreement is 21 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Airservices Australia and the Australian Council of Trade Unions. The issue at hand was the approval of the Airservices Australia (Aviation Rescue and Fire Fighting) Enterprise Agreement 2022-2023. The Commission was tasked with determining whether the agreement met the necessary legal requirements for approval under the Fair Work Act 2009.

The central legal issues included whether the agreement provided for a fair and reasonable terms and conditions for employees, if it complied with the process requirements under the Act, and whether it was in the best interests of the employees. The Commission also needed to consider if the agreement would promote harmonious, productive and cooperative workplace relations.

The Fair Work Commission found that the agreement met all the necessary criteria. The Commission noted that the agreement provided for fair and reasonable terms and conditions for the employees, and it complied with the procedural requirements under the Act. The Commission was satisfied that the agreement would promote harmonious, productive and cooperative workplace relations. As a result, the Commission approved the Airservices Australia (Aviation Rescue and Fire Fighting) Enterprise Agreement 2022-2023.

The Fair Work Commission approved the Airservices Australia (Aviation Rescue and Fire Fighting) Enterprise Agreement 2022-2023, effective from 1 July 2022.

Airservices Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established