Airservices Australia

Airservices Australia was the subject of a decision by the Fair Work Commission, where the Commission was asked to approve an enterprise agreement between the employer and the employees represented by the Australian and International Pilots Association (AIPA). The agreement covered the period from 2018 to 2021 and included provisions for aviation rescue and fire fighting services. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning the provisions for employee entitlements, duties, and working conditions.

The primary legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act, and whether it was made in good faith and without coercion. The Commission had to determine if the agreement was a genuine enterprise agreement, if it provided for the pay and conditions of employees in a fair and reasonable manner, and if it adhered to the requirements for certification and approval. Additionally, the Commission considered whether the agreement included appropriate dispute resolution mechanisms and whether it provided fair and reasonable terms for all parties involved.

In its decision, the Fair Work Commission found that the Airservices Australia (Aviation Rescue and Fire Fighting) Enterprise Agreement 2018-2021 was made in good faith and without coercion. The Commission determined that the agreement was a genuine enterprise agreement, as it was negotiated between the employer and the AIPA, and that it provided for the pay and conditions of employees in a fair and reasonable manner. The Commission also found that the agreement complied with the statutory requirements of the Fair Work Act, including the provisions for dispute resolution. The agreement was thus approved and certified as a registered agreement, effective from the date of the Commission's decision.

The Commission's final orders included the certification of the enterprise agreement as a registered agreement, effective from the date of the decision. The agreement was to apply to all employees of Airservices Australia who were members of the AIPA, and it was to remain in effect until the expiry date of 30 June 2021, or until replaced by a new agreement. The Commission also directed that the agreement be published on the Fair Work Commission's website and that the parties take all necessary steps to give effect to the agreement.