Ampol Aviation Pty Ltd

[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

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertaking

CaseChat Overview and Summary

The case involved Ampol Aviation Pty Ltd, the applicant, seeking approval of the Ampol Aviation (Coolangatta) Enterprise Agreement 2023. The applicant, an employer, sought the approval of the agreement from the Fair Work Commission, which was opposed by the Transport Workers Union (TWU), the respondent. The dispute centred on the terms of the proposed enterprise agreement and whether it met the statutory requirements for approval under the Fair Work Act 2009.

The court was required to determine whether the proposed agreement met the necessary conditions for approval, including whether it contained the required minimum terms and whether it had been fairly negotiated. The court had to assess the fairness of the terms and conditions proposed in the agreement, as well as the process by which the agreement was negotiated and agreed upon. The court also had to consider whether the agreement met the statutory requirements for approval, including whether it had been properly certified as a simple or low-complexity agreement.

The court found that the proposed agreement met the necessary conditions for approval. It concluded that the agreement contained the required minimum terms and that it had been fairly negotiated. The court found that the terms and conditions of the agreement were fair and reasonable, and that the process by which the agreement was negotiated and agreed upon was appropriate. The court also found that the agreement met the statutory requirements for approval and that it had been properly certified as a low-complexity agreement. Accordingly, the court approved the proposed enterprise agreement.

The court's decision was final, and the proposed enterprise agreement was approved. The TWU's opposition to the approval of the agreement was dismissed, and the agreement was approved as a low-complexity agreement. The approval of the agreement meant that the terms and conditions proposed in the agreement would become legally binding on the parties and would replace any existing agreements or awards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established