Australian Air Support Pty Limited T/A Menzies Aviation

[2022] FWCA 1810

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Air Support Pty Limited T/A Menzies Aviation

(AG2022/1473)

Menzies Aviation Brisbane Ramp & TWU Enterprise Agreement 2021

Airport operations
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 JUNE 2022

Application for approval of the Menzies Aviation Brisbane Ramp & TWU Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Menzies Aviation Brisbane Ramp & TWU Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Air Support Pty Limited T/A Menzies Aviation. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of 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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

I note that several clauses of the Agreement may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

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 the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 June 2022. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Australian Air Support Pty Limited trading as Menzies Aviation, applied to the Fair Work Commission for approval of the Menzies Aviation Brisbane Ramp & TWU Enterprise Agreement 2021. The Transport Workers Union (TWU) represented the employees. The dispute involved the terms and conditions of employment for the Brisbane ramp staff, including wages, working hours, leave entitlements, and other workplace provisions. The Fair Work Commission presided over the case, which involved assessing whether the agreement complied with Australian labour laws and whether it was fair and reasonable.

The central legal issue the court had to resolve was whether the proposed enterprise agreement was consistent with the provisions of the Fair Work Act 2009. Specifically, the court examined if the agreement met the 'better off overall test' (BOOT) and whether it contained terms that were procedurally and substantively fair. The court also needed to determine if the agreement was free from any illegality or ultra vires provisions that could render it unenforceable.

The court evaluated the submissions from both parties and considered the broader economic and employment context. The commission found that the Menzies Aviation Brisbane Ramp & TWU Enterprise Agreement 2021 was fair and reasonable, meeting the BOOT and the legal requirements. The agreement provided for adequate wages, reasonable working hours, and appropriate leave entitlements, ensuring that the employees were better off overall. Additionally, the commission concluded that the agreement did not contain any illegal or ultra vires terms, thus making it enforceable under the Fair Work Act 2009.

As a result of the court's findings, the Fair Work Commission approved the Menzies Aviation Brisbane Ramp & TWU Enterprise Agreement 2021. This decision established the terms and conditions of employment for the Brisbane ramp staff as outlined in the agreement, which was effective from the date of approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established