Ampol Aviation Pty Ltd

[2025] FWCA 1475

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ampol Aviation Pty Ltd

(AG2025/1245)

AMPOL AVIATION (CANBERRA) ENTERPRISE AGREEMENT 2025

Airport operations
COMMISSIONER CRAWFORD	SYDNEY, 5 MAY 2025

Application for approval of the Ampol Aviation (Canberra) Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Ampol Aviation (Canberra) Enterprise Agreement 2025 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Ampol Aviation Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 5.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 5 May 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Ampol Aviation Pty Ltd, a party seeking approval for a proposed enterprise agreement. The dispute arose in the Fair Work Commission, with the Commission seeking the court's guidance on specific legal issues pertaining to the proposed agreement. The court was tasked with determining whether the proposed agreement met the necessary legal standards and requirements for approval under the Fair Work Act 2009.

The central legal issues before the court were whether the proposed enterprise agreement complied with the procedural and substantive requirements set out in the Fair Work Act 2009. Specifically, the court needed to assess whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and whether it complied with the provisions relating to the protection of employee rights. The court also considered whether the agreement appropriately balanced the interests of both employers and employees.

In delivering its decision, the court examined the procedural fairness of the agreement's negotiation process and the substantive content of the agreement. The court found that the negotiation process was conducted in good faith and that the agreement contained all the required minimum terms and conditions. The court also determined that the agreement appropriately balanced the interests of both parties and provided adequate protection for employee rights. Consequently, the court approved the proposed agreement, finding that it met the necessary legal standards and requirements for approval under the Fair Work Act 2009.

The court's approval of the Ampol Aviation (Canberra) Enterprise Agreement 2025 was based on its determination that the agreement complied with all legal requirements and appropriately balanced the interests of employers and employees. The court's decision was guided by the principles of procedural fairness and the substantive provisions of the Fair Work Act 2009. The court's approval of the agreement ensures that it will now form the basis of employment conditions for the relevant employees at Ampol Aviation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established