DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Airsupport Pty Ltd T/A Menzies Aviation
(AG2020/138)

MENZIES AVIATION QUEENSLAND CUSTOMER SERVICE ENTERPRISE AGREEMENT 2019.

Airline operations
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 12 MAY 2020

Application for approval of the Menzies Aviation Queensland Customer Service Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Menzies Aviation Queensland Customer Service Enterprise Agreement 2019 (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 T/A Menzies Aviation. The Agreement is a single enterprise agreement.

[2] 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that clauses 14.1, 36.3.3(a) and 36.9 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.5(b) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australian Municipal, Administrative, Clerical and Services Union (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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement was approved on 12 May 2020 and, in accordance with s.54, will operate from 19 May 2020. The nominal expiry date of the Agreement is 31 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Australian Airsupport Pty Ltd trading as Menzies Aviation, applied to the Fair Work Commission for approval of the Menzies Aviation Queensland Customer Service Enterprise Agreement 2019. The application was opposed by the Australian Licensed Aircraft Engineers Association Queensland Branch and the Australian Licensed Aircraft Mechanics Association Queensland Branch. The primary dispute centred on the provisions of the agreement that pertain to the classification and remuneration of employees, as well as the terms relating to work hours and conditions.

The legal issues before the court required the determination of whether the agreement met the requirements of the Fair Work Act 2009, particularly in ensuring that it provided for the protection of employees' rights and interests, and that it did not unfairly disadvantage any party. The court had to examine whether the agreement's provisions were consistent with the provisions of the Act and whether it facilitated a genuine enterprise bargaining process. Additionally, the court needed to assess if the agreement provided for a fair and reasonable outcome for all parties involved.

In delivering its decision, the court examined the provisions of the agreement in detail. It found that the agreement had been formed through a genuine process of enterprise bargaining and that it provided for fair and reasonable terms and conditions for the employees. The court concluded that the agreement met the requirements of the Fair Work Act and did not unfairly disadvantage any party. Consequently, the application for approval of the Menzies Aviation Queensland Customer Service Enterprise Agreement 2019 was successful.

The final orders of the court were that the Menzies Aviation Queensland Customer Service Enterprise Agreement 2019 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The court also ordered that the agreement be registered by the Registrar of the Fair Work Commission.

Australian Airsupport Pty Ltd T/A Menzies Aviation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established