Ampol Aviation Pty Ltd

[2022] FWCA 1264

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ampol Aviation Pty Ltd

(AG2022/897)

Ampol Aviation (Canberra) Enterprise Agreement 2022

Road transport industry
COMMISSIONER JOHNS	MELBOURNE, 11 APRIL 2022

Application for the approval of Ampol Aviation (Canberra) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the AMPOL AVIATION (CANBERRA) ENTERPRISE AGREEMENT 2022 (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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2022. The nominal expiry date of the Agreement is 10 April 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Ampol Aviation Pty Ltd applied for the approval of the Ampol Aviation (Canberra) Enterprise Agreement 2022. The dispute involved the terms and conditions of employment for workers at the company's Canberra facility, which included issues regarding pay rates, shift patterns, leave entitlements, and other employment conditions. The commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the commission were whether the agreement provided for a fair and reasonable level of protection for employees, including adequate minimum wages, reasonable hours of work, and provisions for leave. The commission also had to assess whether the agreement had been made in good faith and whether it included appropriate mechanisms for resolving disputes between the parties. Furthermore, the commission considered whether the agreement complied with relevant national employment standards and whether it adhered to the principles of procedural fairness.

The commission found that the agreement contained provisions that were fair and reasonable for the employees, including appropriate minimum wage rates, reasonable shift patterns, and adequate leave entitlements. The commission was satisfied that the agreement had been made in good faith and that it included adequate dispute resolution mechanisms. The commission also determined that the agreement complied with all relevant national employment standards and adhered to the principles of procedural fairness. Consequently, the commission approved the Ampol Aviation (Canberra) Enterprise Agreement 2022, finding that it met all legal requirements for approval under the Fair Work Act 2009.

The final orders of the commission were that the Ampol Aviation (Canberra) Enterprise Agreement 2022 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered from the date of the decision and would apply to all employees of Ampol Aviation Pty Ltd at the Canberra facility. The commission also ordered that the agreement be published on the Fair Work Commission's website and that copies be provided to both parties.

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Legal Principle Established