Airservices Australia T/A Airservices

[2013] FWCA 3082

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Airservices Australia T/A Airservices
(AG2013/6336)

AIRSERVICES AUSTRALIA (AVIATION RESCUE AND FIRE FIGHTING) ENTERPRISE AGREEMENT2013 - 2017

Commonwealth employment
COMMISSIONER DEEGAN	CANBERRA, 15 MAY 2013

Application for approval of the Airservices Australia (Aviation Rescue and Fire Fighting) Enterprise Agreement2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Airservices Australia (Aviation Rescue and Fire Fighting) Enterprise Agreement2013 - 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] United Firefighters’ Union of Australia, being a bargaining representative for the Agreement, has 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 organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2013. The nominal expiry date of the Agreement is 22 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Airservices Australia T/A Airservices was involved in a dispute before the Fair Work Commission concerning the approval of an enterprise agreement. The agreement in question was the Airservices Australia (Aviation Rescue and Fire Fighting) Enterprise Agreement 2013-2017. The legal issues at the heart of the dispute focused on whether the enterprise agreement met the necessary requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was "better off overall" for the employees it covered and if it contained appropriate provisions regarding minimum rates of pay, allowances, and other conditions of employment.

In deliberating on these issues, the Commission considered the provisions of the agreement, the submissions from both Airservices Australia and the union representing the employees, and the broader context of the aviation rescue and fire fighting sector. The Commission assessed whether the proposed changes in the agreement would result in a net improvement in the conditions of employment for the affected workers. This involved examining the proposed changes to minimum rates of pay, allowances, and other employment conditions against the existing terms and conditions of employment. Ultimately, the Commission found that the proposed agreement met the criteria for approval, as it provided for conditions that were better off overall for the employees and complied with the legislative requirements.

The Fair Work Commission approved the Airservices Australia (Aviation Rescue and Fire Fighting) Enterprise Agreement 2013-2017, recognising that the agreement satisfied the necessary conditions for approval. The Commission's decision was based on the evidence presented and the analysis conducted, which demonstrated that the agreement provided for fair and reasonable conditions of employment for the affected workers. As a result, the agreement was approved and will now govern the employment conditions of the employees within the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established