Australia Pacific Airports (Melbourne) Pty Ltd T/A Melbourne Airport Summary

[2018] FWCA 2438

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2018/825)

APAC Enterprise Agreement 2017

Airport operations
Deputy President Masson	MELBOURNE, 2 MAY 2018

Application for approval of the APAC Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the APAC Enterprise Agreement 2017 (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 T/A Melbourne Airport. The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

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.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Community and Public Sector Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the CPSU, the Community and Public Sector Union and the United Voice 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) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Australia Pacific Airports (Melbourne) Pty Ltd, trading as Melbourne Airport, the Fair Work Commission was tasked with considering an application for the approval of the APAC Enterprise Agreement 2017. The applicant sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The dispute centred on the procedural fairness of the process through which the agreement was reached and whether the agreement itself met the legal requirements for registration.

The central legal issue before the Commission was whether the agreement had been genuinely agreed upon by the parties involved, and whether the process leading to its formation was procedurally fair. The applicant needed to demonstrate that the agreement was the product of genuine bargaining and not the result of any form of coercion or unfair labour practices. Additionally, the Commission had to assess whether the agreement contained all the necessary minimum terms and conditions as stipulated by the Fair Work Act.

In its decision, the Commission examined the evidence provided by both the applicant and the objectors to the agreement. It considered the steps taken to ensure that the employees had an opportunity to participate in the bargaining process and to have their views considered. The Commission concluded that the agreement had been genuinely negotiated and that the process had been procedurally fair. It found that the agreement included all the required minimum terms and conditions, and thus met the statutory requirements for registration. Consequently, the Commission approved the APAC Enterprise Agreement 2017, recognising it as a registered enterprise agreement.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established