Bankstown Airport Pty Limited T/A Aeria Management Group

[2024] FWCA 2625

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bankstown Airport Pty Limited T/A Aeria Management Group

(AG2024/2145)

AERIA MANAGEMENT GROUP ENTERPRISE AGREEMENT 2024

Airport operations
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 15 JULY 2024

Application for approval of the Aeria Management Group Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Aeria Management Group Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 22 July 2024. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the matter before the tribunal was an application by Bankstown Airport Pty Limited, trading as the Aeria Management Group, for approval of the Aeria Management Group Enterprise Agreement 2024. The agreement, which was proposed to cover a range of employees within the organisation, was submitted to the Commission for approval as it contained certain provisions that were deemed to be outside the scope of permissible terms under the Fair Work Act 2009. The dispute centred on whether these provisions could be separated from the agreement or if the entire agreement should be rejected due to the presence of the contentious terms.

The legal issues before the tribunal included whether the provisions outside the scope of permissible terms could be severed from the agreement, or if the entire agreement was invalid due to the inclusion of such terms. Additionally, the tribunal considered whether the agreement met the requirements for an enterprise agreement under the Fair Work Act and if it provided for the minimum terms and conditions of employment as mandated by the Act. The fairness and reasonableness of the agreement, considering its impact on employees, was also a critical factor in the tribunal's decision-making process.

Upon review, the tribunal determined that the provisions outside the scope of permissible terms could be severed from the agreement without invalidating the entire agreement. The tribunal found that the remaining provisions of the agreement were compliant with the Fair Work Act and provided for the minimum terms and conditions of employment. The tribunal concluded that the agreement, with the offending provisions removed, was fair and reasonable for the employees it covered. Consequently, the tribunal approved the Aeria Management Group Enterprise Agreement 2024, subject to the removal of the specified provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established