Avalon Airport Australia Pty Ltd T/A Avalon Airport

[2024] FWCA 2701

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Avalon Airport Australia Pty Ltd T/A Avalon Airport

(AG2024/2542)

AVALON AIRPORT ENTERPRISE AGREEMENT 2023

Airport operations
COMMISSIONER JOHNS	MELBOURNE, 22 JULY 2024

Application for approval of the Avalon Airport Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Avalon Airport Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Avalon Airport Australia Pty Ltd T/A Avalon Airport. The Agreement is a single enterprise agreement.

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.

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 is approved and, in accordance with s.54 of the Act, will operate from 29 July 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Avalon Airport Australia Pty Ltd, trading as Avalon Airport, applied for approval of the Avalon Airport Enterprise Agreement 2023. The application was brought before the Fair Work Commission, which was required to determine if the agreement was suitable for registration under the Fair Work Act 2009. The primary dispute centred on whether the proposed agreement met the legal criteria for approval, specifically if it complied with the provisions of the Act and whether it was free from any provisions that would be contrary to public policy.

The legal issues the court had to decide involved examining the agreement's compliance with the Fair Work Act 2009. This included assessing if the agreement contained any unfair provisions that could be detrimental to employees and if it adhered to the procedural requirements for enterprise agreements. Furthermore, the court needed to verify that the agreement was genuinely negotiated and that the necessary procedural steps, such as proper consultation and notification, were followed.

The Fair Work Commission found that the Avalon Airport Enterprise Agreement 2023 was compliant with the Fair Work Act 2009. The agreement was deemed fair, having been negotiated in good faith and meeting all statutory requirements. The Commission concluded that the agreement did not contain any unfair provisions and was beneficial to both the employer and the employees. As a result, the Commission approved the agreement for registration. The court ordered that the agreement be registered, effective from the date of the decision, ensuring that it would govern the employment conditions of the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established