Application by Craig Tener

[2024] FWCA 410

[2024] FWCA 410

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Application by Craig Tener

(AG2023/5368)

MENZIES AVIATION PASSENGER SERVICES – BRISBANE ENTERPRISE AGREEMENT 2023

Airport operations
COMMISSIONER HUNT	BRISBANE, 30 JANUARY 2024

Application for approval of the Menzies Aviation Passenger Services – Brisbane Enterprise Agreement 2023

1. Mr Craig Tener (the Applicant) has applied for approval of an enterprise agreement known as the Menzies Aviation Passenger Services – Brisbane Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Employer is Australian Airsupport Pty Ltd t/a Menzies Aviation (the Employer). The Agreement is a single-enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (the Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 1 June 2023 and the Agreement was made on 7 December 2023.  Accordingly, the better off overall test requirements are those applying on and from 6 June 2023 and the genuine agreement requirements are those applying before 6 June 2023.

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 on a number of the concerns raised. I advised the Employer on 18 January 2024 that I continued to hold concerns, in which the Employer responded with amended 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 bargaining representative regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were provided.

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 that 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. 

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2024.  The nominal expiry date of the Agreement is 1 January 2027.

COMMISSIONER

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<AE523356  PR770762>

Annexure A – Undertakings