DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Airsupport Pty Ltd T/A Menzies Aviation Queensland
(AG2018/7030)

MENZIES AVIATION QUEENSLAND RAMP ENTERPRISE AGREEMENT 2018

Airline operations
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 JULY 2019

Application for approval of the Menzies Aviation Queensland Ramp Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Menzies Aviation Queensland Ramp Enterprise Agreement 2018 (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 Queensland. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 26 July 2019 and, in accordance with s.54, will operate from 2 August 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Menzies Aviation Queensland and Australian Airsupport Pty Ltd sought approval of the Menzies Aviation Queensland Ramp Enterprise Agreement 2018. The application was heard by the Fair Work Commission. The dispute centred on whether the agreement provided adequate terms and conditions for the employees and whether it complied with the relevant legislation.

The legal issues that the Fair Work Commission had to address were whether the agreement met the criteria for approval under the Fair Work Act 2009, and whether it provided for the proper management of the workplace and the fair resolution of workplace issues. The Commission considered whether the agreement provided for a fair and reasonable framework for the employees' terms and conditions of employment, and whether it complied with the requirements of the Act.

The Fair Work Commission found that the Menzies Aviation Queensland Ramp Enterprise Agreement 2018 was fair and reasonable, and met the criteria for approval under the Act. The agreement provided for the proper management of the workplace and the fair resolution of workplace issues, and complied with the requirements of the Act. The Commission approved the agreement, subject to certain modifications that were deemed necessary to ensure compliance with the Act.

The Fair Work Commission approved the Menzies Aviation Queensland Ramp Enterprise Agreement 2018, subject to certain modifications. The modifications included changes to the agreement's provisions relating to shift patterns, overtime, and the handling of casual employees. The modifications were designed to ensure that the agreement complied with the requirements of the Fair Work Act 2009 and provided for the proper management of the workplace and the fair resolution of workplace issues.

Australian Airsupport Pty Ltd T/A Menzies Aviation Queensland

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established