DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bankstown Airport Limited T/A Sydney Metro Airports
(AG2020/2037)

SYDNEY METRO AIRPORTS ENTERPRISE AGREEMENT 2020

Airport operations
COMMISSIONER JOHNS	SYDNEY, 9 SEPTEMBER 2020

Application for approval of the Sydney Metro Airports Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Metro Airports 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 Bankstown Airport Limited T/A Sydney Metro Airports. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 September 2020. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Bankstown Airport Limited, trading as Sydney Metro Airports, applied to the Fair Work Commission for the approval of the Sydney Metro Airports Enterprise Agreement 2020. The dispute centred around whether the proposed agreement met the requirements of the Fair Work Act 2009 and provided for the appropriate terms and conditions of employment for the employees covered by the agreement.

The key legal issues the Commission needed to address were whether the agreement was fairly negotiated, met the minimum standards set out in the Act, and provided for the proper operation of the enterprise. The Commission also needed to consider whether the agreement was in the best interests of the employees and whether it met the requirements for the approval of an enterprise agreement.

In its decision, the Commission found that the agreement was fairly negotiated and met the minimum standards set out in the Act. The Commission was satisfied that the agreement provided for the proper operation of the enterprise and was in the best interests of the employees. The Commission also found that the agreement met all the requirements for the approval of an enterprise agreement under the Act.

Consequently, the Commission approved the Sydney Metro Airports Enterprise Agreement 2020. The agreement will now apply to the employees covered by it and will remain in effect until it is replaced or terminated in accordance with the Act.

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