Brisbane Airport Corporation Pty Ltd
[2023] FWCA 1526
•29 MAY 2023
| [2023] FWCA 1526 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Brisbane Airport Corporation Pty Ltd
(AG2023/1271)
BRISBANE AIRPORT CORPORATION ENTERPRIISE AGREEMENT 2023 - 2027, ‘CONNECT THE WORLD. CREATE THE FUTURE’
| Airport operations | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 29 MAY 2023 |
Application for approval of the Brisbane Airport Corporation Enterprise Agreement 2023-2027, ‘Connect the world. Create the future’.
An application has been made for approval of an enterprise agreement to be known as the Brisbane Airport Corporation Enterprise Agreement 2023-2027, ‘Connect the world. Create the future’ (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Brisbane Airport Corporation Pty Ltd (Employer). The Agreement is a single enterprise agreement.
There was an issue raised by the Commission with the Employer regarding the Notice of Employee Representational Rights (NERR) provided to relevant employees being contained in the body of an email (as opposed to a standalone document). Having regard to the submissions of the Employer dated 26 May 2023, I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this error.[1] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.[2]
Undertakings
The Employer has provided written undertakings dated 24 May 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Airport Employees Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisations
The following employee organisations (all of which were bargaining representatives for the Agreement), have given notice under s.183 of the Act that they want to be covered by the Agreement:
CPSU, the Community and Public Sector Union;
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; and
“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union.
In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2023. The nominal expiry date of the Agreement is 30 June 2027.
DEPUTY PRESIDENT
Annexure A
[1] See s.188(2) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.
[2] Ibid.
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