Airservices Australia

[2013] FWCA 6256

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Airservices Australia
(AG2013/8641)

AIRSERVICES AUSTRALIA ENTERPRISE AGREEMENT
2013 - 2017

Commonwealth employment
COMMISSIONER DEEGAN	CANBERRA, 28 AUGUST 2013

Application for approval of the Airservices Australia Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Airservices Australia Enterprise Agreement 2013 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) 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 of the Act, as are relevant to this application for approval, have been met.

[3] The CPSU, 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 The Association of Professional Engineers, Scientists and Managers, Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2013. The nominal expiry date of the Agreement is 4 September 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Airservices Australia and its employees, represented by the Australian Council of Trade Unions (ACTU). The dispute centred on the application for the approval of the Airservices Australia Enterprise Agreement 2013-2017. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary legal standards for approval.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to ascertain whether the agreement met the requirements for good faith bargaining, the coverage of the agreement, and whether it included the necessary minimum terms and conditions of employment. Additionally, the Commission considered whether the agreement appropriately balanced the interests of both the employer and the employees.

In its decision, the Commission examined the terms of the proposed agreement and found that it complied with the statutory requirements. The agreement was determined to have been negotiated in good faith, covered the appropriate employees, and included the necessary minimum terms and conditions. The Commission concluded that the agreement appropriately balanced the interests of both Airservices Australia and its employees. As a result, the Commission approved the Airservices Australia Enterprise Agreement 2013-2017.

The Fair Work Commission approved the Airservices Australia Enterprise Agreement 2013-2017, finding it to be in compliance with the Fair Work Act 2009. The Commission's decision was based on its determination that the agreement was negotiated in good faith, covered the appropriate employees, and included the necessary minimum terms and conditions of employment. The Commission also found that the agreement appropriately balanced the interests of both Airservices Australia and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established