Australian Airsupport Pty Ltd T/A Menzies Aviation Queensland

[2014] FWCA 524

FAIR WORK COMMISSION

DECISION

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

Australian Airsupport Pty Ltd T/A Menzies Aviation Queensland
(AG2014/46)

MENZIES AVIATION QUEENSLAND RAMP ENTERPRISE AGREEMENT 2013

Airline operations
COMMISSIONER SIMPSON	BRISBANE, 24 JANUARY 2014

Application for approval of the Menzies Aviation Queensland Ramp Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Menzies Aviation Queensland Ramp Enterprise Agreement 2013. (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Australian Airsupport Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] The Transport Workers’ Union of Australia being the bargaining representative for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Menzies Aviation Queensland, a company operating in the aviation support sector, sought approval of the Menzies Aviation Queensland Ramp Enterprise Agreement 2013 from the Fair Work Commission. The applicant, Australian Airsupport Pty Ltd, trading as Menzies Aviation Queensland, engaged in the provision of ground support services at Brisbane Airport, sought to have the Agreement approved under section 232 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the workforce, including aspects such as wages, working hours, and other employment-related matters.

The central legal issue the Fair Work Commission had to resolve was whether the Agreement met the statutory criteria for approval under the Fair Work Act 2009. This involved assessing whether the Agreement provided for fair and reasonable terms and conditions, including minimum rates of pay and conditions that complied with the applicable minimum standards. The Commission also needed to determine whether the Agreement was fairly negotiated and if it contained necessary provisions for its operation.

In making its decision, the Commission considered the submissions from both Menzies Aviation Queensland and the Australian Council of Trade Unions (ACTU). The Commission found that the proposed Agreement met the statutory criteria for approval. It was satisfied that the Agreement provided for fair and reasonable terms and conditions, including appropriate minimum rates of pay, and that it had been fairly negotiated. The Commission also noted that the Agreement contained necessary provisions for its operation, including mechanisms for resolving disputes.

The Fair Work Commission approved the Menzies Aviation Queensland Ramp Enterprise Agreement 2013, making it a legally binding enterprise agreement under the Fair Work Act 2009. The approved Agreement would apply to the employees of Menzies Aviation Queensland, governing their terms and conditions of employment as per the provisions set out in the Agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established