Assetlink Services Air Pty Ltd Summary

[2024] FWCA 914

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Assetlink Services Air Pty Ltd

(AG2024/472)

ASSETLINK SERVICES AIR PTY LTD AND UNITED WORKERS UNION SYDNEY AIRPORT ENTERPRISE AGREEMENT 2023

Cleaning services
DEPUTY PRESIDENT BOYCE	SYDNEY, 14 MARCH 2024

Application for approval of the Assetlink Services Air Pty Ltd and United Workers Union Sydney Airport Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement to be known as the Assetlink Services Air Pty Ltd and United Workers Union Sydney Airport Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Assetlink Services Air Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 13 March 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Cleaning Services Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 March 2024. The nominal expiry date of the Agreement is 1 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Assetlink Services Air Pty Ltd and the United Workers Union Sydney Airport were in dispute over the approval of the proposed Enterprise Agreement. The Union sought to have the agreement approved to ensure fair conditions for their members, while the company argued that certain provisions were overly restrictive and detrimental to operational efficiency.

The primary legal issues the Commission was required to resolve were whether the provisions of the proposed Enterprise Agreement complied with the relevant statutory requirements and whether the agreement provided fair and reasonable terms for both the employees and the employer. This included assessing if the agreement met the "better off overall test" and if the provisions were procedurally fair.

The Commission found that while the Enterprise Agreement provided fair and reasonable terms for the employees, some provisions were overly restrictive and could adversely affect the operational flexibility of the employer. The Commission made several amendments to the agreement to ensure a balance between the rights of the employees and the operational needs of the employer. These amendments included modifying certain restrictive provisions and ensuring compliance with the "better off overall test."

The Fair Work Commission approved the amended Enterprise Agreement, subject to the changes made to address the concerns of both parties. The agreement was set to commence on the date of the Commission's decision, with the modified provisions ensuring a fair balance between the rights and obligations of the employees and the employer.

Assetlink Services Air Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established