DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bankstown Airport Limited t/a Sydney Metro Airports
(AG2016/5221)

BANKSTOWN AIRPORT LIMITED CORPORATE SPECIALISTS ENTERPRISE AGREEMENT 2016

Airport operations
COMMISSIONER GREGORY	MELBOURNE, 14 OCTOBER 2016

Application for approval of the Bankstown Airport Limited Corporate Specialists Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bankstown Airport Limited Corporate Specialists Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bankstown Airport Limited t/a Sydney Metro Airports. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bankstown Airport Limited t/a Sydney Metro Airports applied to the Fair Work Commission for the approval of the Bankstown Airport Limited Corporate Specialists Enterprise Agreement 2016. The applicants sought to finalise an enterprise agreement that would govern the terms and conditions of employment for a group of employees who were corporate specialists within the organisation. The dispute centred on the terms of the proposed agreement and whether it complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement met the procedural and substantive fairness tests as required by the Fair Work Act. The procedural fairness test required the Commission to consider whether the agreement was made in a manner that was procedurally fair, including whether the employees had adequate opportunity to discuss the agreement and whether the agreement was made in good faith. The substantive fairness test required the Commission to consider whether the terms of the agreement were fair and reasonable, having regard to the needs of the employees and the business of the employer.

The Commission found that the agreement was made in a manner that was procedurally fair, as the employees had been given an opportunity to discuss the agreement and the agreement was made in good faith. The Commission also found that the terms of the agreement were fair and reasonable, having regard to the needs of the employees and the business of the employer. The Commission approved the agreement and it was registered with the Fair Work Commission.

The Fair Work Commission approved the Bankstown Airport Limited Corporate Specialists Enterprise Agreement 2016 and it was registered with the Commission. The terms of the agreement are now legally binding on the parties and will govern the employment conditions of the corporate specialists at Bankstown Airport Limited.

Bankstown Airport Limited t/a Sydney Metro Airports

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established