DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australian Airsupport Pty Ltd
(AG2015/5934)

AUSTRALIAN AIRSUPPORT VICTORIA AGREEMENT 2015

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 16 NOVEMBER 2015

Application for approval of the Australian Airsupport Victoria Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Australian Airsupport Victoria Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Airsupport Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 23 October 2015. The application included a Statutory Declaration of Mirka Priolo made on behalf of the Employer and dated 22 October 2015 (the Declaration). The Declaration stated that the Agreement was made on 14 October 2015. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 16 November 2015.

[5] I note that the Agreement contains a flexibility term at clause 37 and a consultation term at clause 35.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 23 November 2015. The nominal expiry date of the Agreement as specified in clause 3 of the Agreement, is 31 August 2018.

COMMISSIONER

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CaseChat Overview and Summary

Australian Airsupport Pty Ltd recently brought an application before the Fair Work Commission to seek approval of the Australian Airsupport Victoria Agreement 2015. This agreement, if approved, would establish the terms and conditions of employment for certain employees of the company in Victoria. The application was contested by the Australian Services Union, which argued that the proposed agreement did not adequately cover all employees within the scope of the agreement and that certain provisions were contrary to the Fair Work Act 2009.

The legal issues before the Commission centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement properly identified the employees it covered, whether it complied with the procedural requirements for registration, and whether its provisions were consistent with the Act and the Fair Work Regulations 2009. The Commission also needed to consider the implications of the agreement on the employees' rights and protections under the Act.

In considering these issues, the Commission examined the application and submissions from both parties. The Commission noted that the agreement had been developed through a process of good faith bargaining and that it contained provisions that were consistent with the Act. The Commission found that the agreement sufficiently identified the employees it covered and that the process for its registration had been followed correctly. However, the Commission made several modifications to the agreement to ensure that it met the requirements of the Act and to address the concerns raised by the union. The Commission concluded that, with these modifications, the agreement was in compliance with the Act and should be approved.

Accordingly, the Commission approved the Australian Airsupport Victoria Agreement 2015, subject to the modifications made during the hearing. This decision ensures that the employees covered by the agreement will have their terms and conditions of employment determined by a registered agreement, providing them with a level of certainty and protection under the Act. The approval of the agreement also facilitates the ongoing operation of Australian Airsupport Pty Ltd in Victoria, allowing the company to continue providing its services to the community.

Australian Airsupport Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established