Ampol Aviation Pty Ltd

[2023] FWCA 2443

[2023] FWCA 2443

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ampol Aviation Pty Ltd

(AG2023/2421)

AMPOL AVIATION (COOLANGATTA) ENTERPRISE AGREEMENT 2023

Oil and gas industry
COMMISSIONER HUNT	BRISBANE, 4 AUGUST 2023

Application for approval of the Ampol Aviation (Coolangatta) Enterprise Agreement 2023

1. Ampol Aviation Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Ampol Aviation (Coolangatta) Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The employee bargaining representatives advised that they were satisfied with the undertakings.

1. 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note the undertakings are taken to be a term of the Agreement.

1. I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2023. The nominal expiry date of the Agreement is 4 August 2027.

COMMISSIONER

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<AE521014  PR764930>

Annexure A – Undertaking