DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ampol Aviation Pty Ltd
(AG2021/4689)

AMPOL AVIATION (SYDNEY) ENTERPRISE AGREEMENT 2021

Airport operations
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 APRIL 2021

Application for approval of the Ampol Aviation (Sydney) Enterprise Agreement 2021.

[1] Ampol Aviation Pty Ltd has made an application for approval of an enterprise agreement known as the Ampol Aviation (Sydney) Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 26 April 2021 and, in accordance with s 54, will operate from 3 May 2021. The nominal expiry date of the Agreement is 28 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to approve the Ampol Aviation (Sydney) Enterprise Agreement 2021. Ampol Aviation Pty Ltd is the employer and the Retail, Wholesale and Department Store Employees' and Artists' Union is the relevant union. The dispute revolves around the terms and conditions of employment for workers covered by the agreement. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009, including whether it was made in good faith and whether it provided for appropriate minimum terms and conditions of employment.

The Commission examined the process by which the agreement was made, the extent of employee and union participation, and whether the agreement provided for fair and reasonable terms and conditions. The Commission considered submissions from both parties and evidence presented. It found that the agreement was made in good faith and that it provided for appropriate minimum terms and conditions of employment. The Commission also found that the agreement was not contrary to public policy.

The Fair Work Commission approved the Ampol Aviation (Sydney) Enterprise Agreement 2021. The agreement will now apply to the employees covered by it. The Commission noted that the agreement provided for a range of benefits for employees, including wage increases, improved leave entitlements and better access to training and development opportunities. The Commission also noted that the agreement provided for a transparent and fair process for resolving disputes between employees and the employer. The approval of the agreement is an important step towards improving the working conditions of employees in the aviation industry.

Ampol Aviation Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established