DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Ground Services Pty Ltd
(AG2021/395)

AUSTRALIAN GROUND SERVICES ENTERPRISE AGREEMENT 2020

Airline operations
DEPUTY PRESIDENT DEAN	SYDNEY, 15 MARCH 2021

Application for approval of the Australian Ground Services Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Australian Ground Services Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Ground Services Pty Ltd (Employer). 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. 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.

[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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2021. The nominal expiry date of the Agreement is 21 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Australian Ground Services Pty Ltd, an employer, applied to the Fair Work Commission for the approval of an enterprise agreement with its employees. The application was made under the Fair Work Act 2009, and the relevant union, the Australian Licensed Aircraft Technicians' Association, supported the agreement. The nature of the dispute was whether the proposed enterprise agreement met the requirements of the Act, including being "better off overall" for the employees.

The legal issues before the Commission involved determining whether the proposed agreement was genuinely negotiated, whether it provided a safety net for employees, and whether it met the "better off overall" test. The Commission had to consider the evidence provided by both parties and ensure that the agreement did not unfairly disadvantage any employee or group of employees. Additionally, the Commission needed to assess whether the agreement complied with any relevant national employment standards and whether it contained any terms that were contrary to public policy.

The Commission found that the proposed agreement was genuinely negotiated and met the requirements of the Act. It determined that the agreement was "better off overall" for the employees, as it provided improved wages and conditions, as well as additional benefits such as paid parental leave and flexible working arrangements. The Commission was satisfied that the agreement provided a safety net for employees and did not contain any terms that were contrary to public policy. Consequently, the application for approval of the Australian Ground Services Enterprise Agreement 2020 was approved.

The Fair Work Commission approved the Australian Ground Services Enterprise Agreement 2020, finding that it met all the necessary requirements under the Fair Work Act 2009. The agreement was genuinely negotiated, provided a safety net for employees, and was "better off overall" for them. The Commission's decision was based on the evidence presented by both parties, and it concluded that the agreement did not unfairly disadvantage any employee or group of employees.

Australian Ground Services 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