DECISION

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

Australian Airsupport Pty Ltd
(AG2015/3372)

MENZIES AVIATION QUEENSLAND (CUSTOMER SERVICE) ENTERPRISE AGREEMENT 2014

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 4 AUGUST 2015

Application for approval of the Menzies Aviation Queensland (Customer Service) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Menzies Aviation Queensland (Customer Service) Enterprise Agreement 2014(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 20 July 2015. The application included a Statutory Declaration of Kogilan Moodley made on behalf of the Employer and dated 20 July 2015 (the Declaration). The Declaration stated that the Agreement was made on 7 July 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 4 August 2015. I note that the file has included a Statutory Declaration of David Smith made on behalf of the Australian Municipal, Administrative, Clerical and Services Union (the ASU), as an employee organisation in relation to the application.

[5] I note that the Agreement does not contain a flexibility term and therefore, pursuant to subsection 202 (4) of the Act, the model flexibility term is taken to be a term of the Agreement. I note that the Agreement contains a consultation term at clause 6.

[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 ASU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the ASU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 11 August 2015. The nominal expiry date of the Agreement as specified in clause 4 of the Agreement, is 28 February 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Australian Airsupport Pty Ltd, the applicant sought the approval of the Menzies Aviation Queensland (Customer Service) Enterprise Agreement 2014. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary legal issues that the Commission needed to address were whether the agreement complied with the relevant provisions of the Act, including the requirement for genuine agreement and the avoidance of unfair terms.

The Commission examined the process by which the agreement was formed, considering whether the parties had genuinely negotiated and agreed upon the terms of the agreement. The applicant argued that the agreement was the result of genuine negotiations, while no objections were raised by the respondents. The Commission also considered whether the agreement contained any unfair terms that would render it invalid. After reviewing the contents of the agreement and the evidence provided, the Commission found that the agreement did not contain any unfair terms and was the result of genuine negotiations between the parties.

In reaching its decision, the Commission highlighted that the agreement had been negotiated in good faith and that there was no evidence to suggest otherwise. The Commission also noted that the terms of the agreement were fair and reasonable, taking into account the nature of the industry and the bargaining positions of the parties. The Commission concluded that the Menzies Aviation Queensland (Customer Service) Enterprise Agreement 2014 met all the necessary criteria for approval and was therefore approved as a registered agreement under the Fair Work Act 2009. The orders of the Commission reflect this decision, with the agreement being registered and enforceable as of the date of the decision.

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