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

[2022] FWCA 1692

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/1414)

APAC Enterprise Agreement 2021

Airport operations
DEPUTY PRESIDENT BELL	MELBOURNE, 23 MAY 2022

Application for approval of the APAC Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the APAC Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Australia Pacific Airports (Melbourne) Pty Ltd T/A Melbourne Airport. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), CPSU, the Community and Public Sector Union and United Workers’ Union (UWU), 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 was approved on 23 May 2022 and, in accordance with s.54, will operate from 30 May 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Australia Pacific Airports (Melbourne) Pty Ltd, trading as Melbourne Airport, which applied for approval of the APAC Enterprise Agreement 2021. The application was lodged with the Fair Work Commission, which was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The dispute centred on the terms of the proposed agreement, particularly whether they complied with the relevant legislative provisions concerning minimum wages, conditions, and the protection of employees' rights.

The central legal issues before the Commission were whether the APAC Enterprise Agreement 2021 provided for adequate minimum wages and conditions of employment for the covered employees, and whether it complied with the procedural requirements for approval as stipulated in the Fair Work Act. This included scrutinising the agreement to ensure it did not disadvantage employees in relation to their terms and conditions of employment and that it was not contrary to public policy.

In examining the agreement, the Commission considered the provisions relating to wages, leave entitlements, and other employment conditions. The Commission found that the proposed agreement provided for wages and conditions that were at least equal to the applicable award or registered agreement, and it contained provisions that protected employees' rights and did not adversely affect them. The Commission also determined that the agreement adhered to the procedural requirements for approval under the Fair Work Act, including the provision of relevant documents and information to affected employees. Consequently, the Commission approved the APAC Enterprise Agreement 2021.

The Fair Work Commission approved the APAC Enterprise Agreement 2021, finding it to be compliant with the statutory requirements of the Fair Work Act. The decision confirmed the agreement's provisions for wages, conditions, and employee protections were adequate and did not disadvantage employees. The Commission's approval was based on its determination that the agreement met all necessary legal criteria and did not contravene public policy.

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