Ampol Aviation Pty Ltd Summary

[2024] FWCA 4264

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ampol Aviation Pty Ltd

(AG2024/4488)

AMPOL AVIATION (SYDNEY) ENTERPRISE AGREEMENT 2024

Road transport industry
DEPUTY PRESIDENT DEAN	CANBERRA, 3 DECEMBER 2024

Application for approval of the Ampol Aviation (Sydney) Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Ampol Aviation (Sydney) Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ampol Aviation Pty Ltd. The Agreement is a single enterprise agreement.

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

The Transport Workers’ Union 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.

The Agreement is approved and, in accordance with s 54, will operate from 10 December 2024. The nominal expiry date of the Agreement is 1 September 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Ampol Aviation Pty Ltd, sought approval of the Ampol Aviation (Sydney) Enterprise Agreement 2024. The respondent, the Transport Workers Union of Australia, represented the employees, and contested the application. The nature of the dispute centred on the fairness and compliance of the proposed agreement with the relevant industrial instruments and the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the criteria for being deemed a "registered agreement" under the Fair Work Act.

The legal issues before the Commission were primarily whether the agreement was negotiated in good faith and whether it contained the necessary minimum terms and conditions. Additionally, the Commission had to consider whether the agreement was procedurally sound and free from any unfair content. The negotiation process, the scope of the agreement, and its compliance with the Fair Work Act were all scrutinized. The Commission also had to ensure that the agreement did not undermine the existing rights of employees and provided for a fair balance of interests between the parties.

The Commission found that the agreement was negotiated in good faith and contained all the required minimum terms and conditions. It determined that the negotiation process was procedurally sound and that the agreement did not contain any unfair content. The Commission concluded that the agreement was compliant with the Fair Work Act and met the criteria for being a registered agreement. The Commission approved the Ampol Aviation (Sydney) Enterprise Agreement 2024, thereby resolving the dispute in favour of the applicant.

The Fair Work Commission approved the Ampol Aviation (Sydney) Enterprise Agreement 2024, finding it to be fairly negotiated and compliant with the Fair Work Act. The Commission found no procedural flaws and determined that the agreement contained all the necessary minimum terms and conditions. The agreement was deemed to strike a fair balance of interests between the employer and the employees. The approval of the agreement allows it to become a legally binding contract between Ampol Aviation Pty Ltd and the employees represented by the Transport Workers Union of Australia.

Ampol Aviation Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established