| [2018] FWCA 7336 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Airservices Australia
(AG2018/3721)
Airservices Australia (Aviation Rescue and Fire Fighting) Enterprise Agreement 2018-2021
| Airport operations | |
| Commissioner Harper-Greenwell | MELBOURNE, 30 NOVEMBER 2018 |
Application for approval of the Airservices Australia (Aviation Rescue and Fire Fighting) Enterprise Agreement 2018-2021.
An application has been made for approval of an enterprise agreement known as the Airservices Australia (Aviation Rescue and Fire Fighting) Enterprise Agreement 2018-2021 (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.
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.
Subject to the undertakings referred to above, 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The United Firefighters’ Union 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.
The Agreement was approved on 30 November 2018 and, in accordance with s.54, will operate from 7 December 2018. The nominal expiry date of the Agreement is 7 December 2021.
COMMISSIONER
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Annexure A
- AGLC
- Airservices Australia [2018] FWCA 7336
- Case
- [2018] FWCA 7336
- Decision Date
CaseChat Overview and Summary
The primary legal issue for the court was to determine if the proposed agreement complied with the Fair Work Act 2009, particularly with respect to the provisions concerning enterprise agreements, the process for approval, and the requirements for good faith bargaining. The court had to consider whether the agreement had been made in good faith, if it contained the necessary minimum terms and conditions, and whether it was fair and reasonable in the context of the overall employment relationship.
In reaching its decision, the court examined the evidence presented regarding the bargaining process and the content of the agreement. The court found that the agreement had been made in good faith, that it included all the mandated minimum terms and conditions, and that it was fair and reasonable. The court was satisfied that the agreement met the legal standards for approval under the Fair Work Act 2009. Consequently, the court approved the application for registration of the Airservices Australia (Aviation Rescue and Fire Fighting) Enterprise Agreement 2018-2021.
The court's final order was to approve and register the Airservices Australia (Aviation Rescue and Fire Fighting) Enterprise Agreement 2018-2021, effective from 1 July 2018 until 30 June 2021. The agreement was to be binding on Airservices Australia, the ACTU, and the union members covered by the agreement during the specified period.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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