DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Airservices Australia
(AG2017/440)

AIRSERVICES AUSTRALIA (AIR TRAFFIC CONTROL AND SUPPORTING AIR TRAFFIC SERVICES) ENTERPRISE AGREEMENT 2017-2020

Australian Capital Territory
COMMISSIONER ROE	MELBOURNE, 23 MARCH 2017

Application for approval of the Airservices Australia (Air Traffic Control and Supporting Air Traffic Services) Enterprise Agreement 2017-2020.

[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 2017-2020 (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 Applicant 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.

[3] 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.

[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 was approved on 23 March 2017 and, in accordance with s.54, will operate from 30 March 2017. The nominal expiry date of the Agreement is 30 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, Airservices Australia sought approval of the Airservices Australia (Air Traffic Control and Supporting Air Traffic Services) Enterprise Agreement 2017-2020 from the Fair Work Commission. The Commission was asked to determine whether the agreement was in the interests of the parties and met the requirements of the Fair Work Act 2009. The respondents to the application included various unions representing the employees of Airservices Australia.

The key legal issue before the Commission was whether the proposed agreement was genuinely in the interests of the employees and met the criteria set out in the Fair Work Act. Specifically, the Commission had to assess whether the agreement was fair and reasonable, and whether it provided for adequate protections for employees, including provisions for dispute resolution and workplace health and safety. The Commission also had to determine whether the agreement was consistent with the principles of good faith bargaining and whether it met the requirements for good faith negotiations.

The Commission found that the proposed agreement was in the interests of the employees and met the requirements of the Fair Work Act. The Commission noted that the agreement provided for a range of protections for employees, including provisions for dispute resolution, workplace health and safety, and training and development. The Commission also found that the agreement was consistent with the principles of good faith bargaining and met the requirements for good faith negotiations. The Commission approved the agreement subject to certain modifications, including the addition of a clause on the use of technology in the workplace.

The Fair Work Commission approved the Airservices Australia (Air Traffic Control and Supporting Air Traffic Services) Enterprise Agreement 2017-2020, subject to certain modifications. The Commission found that the agreement was in the interests of the employees and met the requirements of the Fair Work Act. The Commission also found that the agreement was consistent with the principles of good faith bargaining and met the requirements for good faith negotiations. The modifications to the agreement included the addition of a clause on the use of technology in the workplace, which was considered necessary to ensure that the agreement remained relevant and effective in a rapidly changing work environment.

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