DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Australia Pacific Airports (Launceston) Pty Ltd T/A Launceston Airport
(AG2016/1451)

APAC ENTERPRISE AGREEMENT 2013

Airline operations
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 8 JULY 2016

Application for variation of the APAC Enterprise Agreement 2013.

[1] An application has been made by Australia Pacific Airports (Launceston) Pty Ltd t/as Launceston Airport to vary the APAC Enterprise Agreement 2013. The variations sought are attached to this Decision.

[2] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, the Community and Public Sector Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and United Voice have signed employee organisation declarations and also the proposed variation.

[3] A listing was sent to all parties which noted that “In the absence of any person indicating they wish to be heard, the application for approval of the agreement will be determined in accordance with the requirements of the Fair Work Act 2009 on the basis of the materials lodged with the Fair Work Commission to date.”

[4] No party indicated they wished to be heard.

[5] I am satisfied that the relevant requirements of s.210, s.211 and s.212 of the Act concerning this application for approval have been met. I approve the variations sought.

[6] The application is approved and a consolidated version of the agreement, as varied, is attached to this decision. In accordance with s.216 of the Act the variation will operate from the date of this decision. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Australia Pacific Airports (Launceston) Pty Ltd, trading as Launceston Airport, applied to the Fair Work Commission for a variation of the APAC Enterprise Agreement 2013. The respondent, Australian Services Union Tasmania Branch, opposed the application. The dispute centred around the need for amendments to the existing enterprise agreement to accommodate changes in operational requirements and address new challenges faced by the airport. The Fair Work Commission was tasked with determining whether the proposed changes were necessary and justified under the Fair Work Act 2009.

The legal issues before the Commission included whether the changes sought by the applicant were genuinely necessary, and if the proposed changes provided a fair and reasonable outcome for all parties involved. The Commission also had to consider whether the changes complied with the statutory requirements outlined in the Fair Work Act 2009, including the need for good faith bargaining and the avoidance of industrial action. Additionally, the Commission examined the impact of the proposed changes on employees' terms and conditions of employment and whether these changes would facilitate the efficient operation of the Launceston Airport.

The Fair Work Commission found that the changes proposed by the applicant were necessary to address the evolving operational requirements of the Launceston Airport. The Commission determined that the applicant had demonstrated a good faith effort to bargain with the respondent and that the proposed changes were reasonable and fair. The Commission also found that the changes would not result in a detriment to the employees and would facilitate the efficient operation of the airport. Consequently, the Commission approved the variation of the APAC Enterprise Agreement 2013, incorporating the proposed changes.

The Fair Work Commission ordered the variation of the APAC Enterprise Agreement 2013 to include the changes proposed by the applicant. The new agreement came into effect from the date of the Commission's decision. The respondent was directed to take all necessary steps to implement the changes in accordance with the new agreement. The applicant was also required to provide written notification to all affected employees of the changes and the effective date of the new agreement. The Commission's decision resolved the dispute between the parties and ensured that the Launceston Airport could continue to operate efficiently while maintaining fair and reasonable terms and conditions for employees.

Australia Pacific Airports (Launceston) Pty Ltd T/A Launceston Airport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established