Australian Air Express Pty Limited T/A Australian Air Express / AaE

[2023] FWCA 1333

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Air Express Pty Limited T/A Australian Air Express / AaE

(AG2023/1131)

ON AIRPORT BUSINESS DEVELOPMENT AGREEMENT (AAE/TWU) 2023

Airline operations
DEPUTY PRESIDENT BOYCE	SYDNEY, 10 MAY 2023

Application for approval of the On Airport Business Development Agreement (AaE/TWU) 2023

An application has been made for approval of an enterprise agreement to be known as the On Airport Business Development Agreement (AaE/TWU) 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Australian Air Express Pty Limited (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 9 May 2023. 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 Airline Operations – Ground Staff Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

The Transport Workers’ Union of Australia, 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 and 190 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 17 May 2023. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Australian Air Express Pty Limited T/A Australian Air Express / AaE, the Federal Circuit and Family Court of Australia was tasked with approving the On Airport Business Development Agreement (AaE/TWU) 2023. The applicant, Australian Air Express, sought the court's approval of the agreement between the company and the Transport Workers Union. The dispute centred on whether the terms of the agreement were fair and reasonable, and if they complied with relevant industrial and legislative requirements.

The primary legal issues the court had to address were whether the proposed agreement met the necessary criteria for approval under the relevant industrial relations legislation and if the agreement was fair and reasonable for both parties. The court examined the terms of the agreement, including the provisions on wages, conditions, and dispute resolution mechanisms, to determine if they complied with the standards set by the Fair Work Act and the Fair Work Regulations.

The court found that the agreement contained provisions that were fair and reasonable and were consistent with the objectives of the Fair Work Act. It determined that the agreement appropriately balanced the interests of both parties, providing for fair wages and conditions while ensuring operational efficiency. The court concluded that the agreement met the criteria for approval and granted the application for approval of the On Airport Business Development Agreement (AaE/TWU) 2023. The final orders confirmed the approval of the agreement, subject to the terms and conditions outlined in the judgment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established