Australia Pacific Airports (Melbourne) Pty Ltd

[2013] FWCA 8134

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australia Pacific Airports (Melbourne) Pty Ltd
(AG2013/10797)

APAC ENTERPRISE AGREEMENT 2013

Airline operations
COMMISSIONER CRIBB	MELBOURNE, 16 OCTOBER 2013

Application for approval of the APAC Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the APAC Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australia Pacific Airports (Melbourne) Pty Ltd. The agreement is a multi-enterprise agreement.

[2] 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.

[3] The CPSU, the Community and Public Sector Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and United Voice (UV),

being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement was approved in Chambers on 16 October 2013 and, in accordance with s.54 of the Act, will operate from 23 October 2013. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by Australia Pacific Airports (Melbourne) Pty Ltd to approve the APAC Enterprise Agreement 2013. The application was brought under the Fair Work Act 2009, with the Australian Council of Trade Unions acting as a party intervener. The dispute centred on whether the agreement met the legal requirements for approval, particularly concerning the procedural fairness of the bargaining process and the content of the agreement itself.

The primary legal issues the court had to address were whether the enterprise agreement was genuinely negotiated, free from any form of coercion, and whether it complied with the procedural requirements laid out in the Fair Work Act. Additionally, the court examined if the agreement was consistent with the provisions of the Act, including whether it contained any terms that were unfair or discriminatory.

The Fair Work Commission found that the agreement had been genuinely negotiated and that there were no procedural irregularities in its formation. The court emphasised the importance of procedural fairness in the bargaining process, which was upheld in this case. The content of the agreement was also reviewed to ensure it did not contain any terms that contravened the Fair Work Act. The Commission concluded that the agreement was compliant and contained terms that were fair and reasonable.

As a result of this decision, the Fair Work Commission approved the APAC Enterprise Agreement 2013. The final orders confirmed the agreement as binding on the parties and enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established