Brisbane Airport Corporation Pty Ltd

[2020] FWCA 3389

[2020] FWCA 3389

FAIR WORK COMMISSION

DECISION

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

Brisbane Airport Corporation Pty Ltd
(AG2020/1379)

BRISBANE AIRPORT CORPORATION ENTERPRISE AGREEMENT 2020-2022, "WORKING TOGETHER"

Airport operations
DEPUTY PRESIDENT LAKE	BRISBANE, 29 JUNE 2020

Application for approval of the Brisbane Airport Corporation Enterprise Agreement 2020 - 2022, "Working Together".

[1] An application has been made for approval of an enterprise agreement known as the Brisbane Airport Corporation Enterprise Agreement 2020 - 2022, "Working Together" (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brisbane Airport Corporation Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] Mr Richard Muffatti, Industrial Officer for the CPSU, the Community and Public Sector Union (the CPSU), lodged a Form F18 statutory declaration advising the Commission the CPSU supported approval of the Agreement and giving notice under s.183 of the Act that the CPSU wants the Agreement to cover it. The Form F18 raised some concerns regarding the Agreement.

[3] Mr Peter Ong, Divisional Branch Secretary of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU), lodged a Form F18 statutory declaration advising the Commission the CEPU wanted to be covered by the Agreement.

[4] Mr Rohan Webb, State Secretary of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (the AMWU), lodged a Form F18 statutory declaration advising the Commission the AMWU supported approval of the Agreement and giving notice under s.183 of the Act that the AMWU wants the Agreement to cover it.

[5] On 9 June 2020 I sent email correspondence to the parties raising concerns with the Agreement. On 17 June 2020 the Applicant provided a response to these concerns and proposed undertakings. These were also sent to the CPSU, CEPU and AMWU on 18 June 2020. The CPSU responded on 18 June stating that further discussions had been held between the CPSU and the Applicant and the CPSU was satisfied for a determination to be made based on the Applicant’s responses and confirming the CPSU had no further issues it wished to raise.

[6] Subject to matters that have been addressed by way of undertakings, 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.

[7]   I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

● Clause 49 - Personal Leave;
● Clause 52 - Community Service;
● Clause 17 - Monies Owed at Termination;
● Clause 17 - Abandonment of Employment.

[8] However, noting the NES precedence undertaking provided by the Applicant, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[9] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement and as Annexure A to this Decision.

[10] The CPSU, CEPU, and AMWU, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the CPSU, CEPU, and AMWU.

[11] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE508388  PR720558>

Annexure A.