DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Airservices Australia
(AG2019/1141)

AIRSERVICES AUSTRALIA ENTERPRISE AGREEMENT 2019-2022

Commonwealth employment
DEPUTY PRESIDENT KOVACIC	CANBERRA, 6 MAY 2019

Application for approval of the Airservices Australia Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Airservices Australia Enterprise Agreement 2019-2022 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Community and Public Sector Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Civil Air Operations Officers’ Association of Australia, and Professionals Australia being bargaining representatives for this Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 May 2019. The nominal expiry date of the Agreement is 13 May 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Airservices Australia sought approval for the Airservices Australia Enterprise Agreement 2019-2022. The dispute centred on whether the proposed enterprise agreement complied with the relevant federal workplace laws. The Commission was tasked with determining whether the agreement met the statutory criteria for approval.

The primary legal issues before the Commission were whether the agreement provided for the lawful, fair and reasonable terms and conditions of employment and if it was consistent with the national system of industrial determination. The Commission considered whether the agreement provided adequate protections for employees, including minimum wages, leave entitlements, and other benefits. It also examined whether the agreement adhered to the principles of good faith bargaining and if it was negotiated in a manner that did not unfairly disadvantage any party.

The Commission found that the agreement met the criteria for approval. It determined that the agreement provided for fair and reasonable terms and conditions, included appropriate protections for employees, and was consistent with the national system of industrial determination. The Commission concluded that the agreement was the product of good faith bargaining and did not unfairly disadvantage any party. As a result, the Commission approved the Airservices Australia Enterprise Agreement 2019-2022.

The Commission ordered that the agreement be registered and become the enterprise agreement for the relevant employees and employers. It directed that the agreement would commence on the first day of the first calendar month following the date of the decision and would remain in effect until the end of the fourth calendar year following that date. The Commission also ordered that the agreement be published on its website and provided to the parties.

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