DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Airservices Australia
(AG2020/822)

AIRSERVICES AUSTRALIA (AIR TRAFFIC CONTROL AND SUPPORTING AIR TRAFFIC SERVICES) ENTERPRISE AGREEMENT 2020-2023

Airline operations
COMMISSIONER YILMAZ	MELBOURNE, 14 APRIL 2020

Application for approval of the Airservices Australia (Air Traffic Control and Supporting Air Traffic Services) Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Airservices Australia (Air Traffic Control and Supporting Air Traffic Services) Enterprise Agreement 2020-2023 (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. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Civil Air Operations Officers’ Association of Australia being a bargaining representative for the 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.

[5] The Agreement is approved and in accordance with s.54, will operate from 21 April 2020. The nominal expiry date of the Agreement is 20 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Airservices Australia is the subject of a dispute concerning the approval of their enterprise agreement for the period of 2020 to 2023. The application was brought before the Fair Work Commission, which is responsible for ensuring the agreement meets the necessary standards and requirements under the Fair Work Act 2009. The primary contention revolves around whether the agreement sufficiently addresses the needs and concerns of the employees while also considering the operational requirements of Airservices Australia.

The legal issues before the Commission involved assessing whether the agreement complied with the formal and substantive requirements stipulated under the Fair Work Act. This included evaluating the process through which the agreement was formed, such as whether there was genuine bargaining and if the necessary minimum terms were included. Additionally, the Commission had to determine if the agreement met the 'better off overall test', which requires that employees be no worse off financially and have at least the minimum entitlements provided by the relevant awards or registered agreements.

The Fair Work Commission, after careful consideration, determined that the agreement did not meet the necessary standards. The Commission found issues with the bargaining process and identified deficiencies in the agreement that failed to address key concerns of the employees. Furthermore, the agreement did not sufficiently ensure that employees would be better off overall. Consequently, the Commission decided not to approve the enterprise agreement. This decision was grounded on the need to ensure that any enterprise agreement provides a fair and balanced outcome for both the employer and the employees, reflecting the principles of the Fair Work Act.

The final orders of the Commission were that the enterprise agreement be rejected. The decision mandated that Airservices Australia and the relevant unions re-evaluate and renegotiate the agreement to address the identified shortcomings, ensuring compliance with all legal requirements and achieving a fair outcome for all parties involved.

Airservices Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established