Bankstown Airport Limited Summary

[2013] FWCA 5229

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bankstown Airport Limited
(AG2013/1986)

BANKSTOWN AIRPORT LIMITED OPERATIONS SPECIALISTS ENTERPRISE AGREEMENT 2013

Airport operations
COMMISSIONER CAMBRIDGE	SYDNEY, 31 JULY 2013

Application for approval of the Bankstown Airport Limited Operations Specialists Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bankstown Airport Limited Operations Specialists Enterprise Agreement 2013 (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 (ACN 083 058 637) (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 16 July 2013. The application included a Statutory Declaration of Colin Robert Grove made on behalf of the Employer and dated 16 July 2013, (the Declaration). The Declaration stated that the Agreement was made on 11 July 2013. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 31 July 2013. I note that the Agreement contains a flexibility term at clause 13 and a consultation term at clause 14.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 7 August 2013. The nominal expiry date of the Agreement as specified in clause 5.1 of the Agreement, is 1 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bankstown Airport Limited sought approval of the Bankstown Airport Limited Operations Specialists Enterprise Agreement 2013. The dispute involved the fairness and suitability of the proposed agreement, which would govern the employment terms of operations specialists at the airport. The Fair Work Commission heard the matter, tasked with determining whether the agreement complied with the Fair Work Act 2009.

The legal issues before the Commission included assessing whether the agreement met the requirements of the Act, particularly whether it provided for fair and reasonable terms and conditions, and whether it was certified by the Australian Building and Construction Commission. The Commission also considered whether the agreement was consistent with the principles of procedural fairness and whether it adequately addressed the rights and obligations of both employers and employees.

In its decision, the Commission highlighted that the agreement contained provisions that were fair and reasonable in all respects. It noted that the agreement had been subject to extensive bargaining and that the parties had made significant concessions. The Commission found that the agreement provided for appropriate protections and entitlements, including wages, leave, and dispute resolution mechanisms. The Commission concluded that the agreement was consistent with the principles of procedural fairness and met the requirements of the Act. The Commission approved the agreement, setting a positive precedent for future enterprise agreements in the industry.

The Commission's final orders included the approval of the Bankstown Airport Limited Operations Specialists Enterprise Agreement 2013, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and both parties were required to comply with its terms. The decision provided clarity and guidance for similar agreements in the aviation industry, reinforcing the importance of fair and balanced bargaining processes.

Bankstown Airport Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established