DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brisbane Airport Corporation Pty Ltd
(AG2017/1473)

BRISBANE AIRPORT CORPORATION ENTERPRISE AGREEMENT 2017 - 2020, “WORKING TOGETHER”

Airport operations
COMMISSIONER WILSON	MELBOURNE, 9 JUNE 2017

Application for approval of the Brisbane Airport Corporation Enterprise Agreement 2017 - 2020, “Working Together”.

[1] An application has been made for approval of an enterprise agreement known as the Brisbane Airport Corporation Enterprise Agreement 2017 - 2020, “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 Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the CPSU, the Community and Public Sector Union 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) I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 June 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter involved the Brisbane Airport Corporation Pty Ltd, which sought approval for the Enterprise Agreement 2017 - 2020, referred to as “Working Together”. The application was heard by the Fair Work Commission, an Australian workplace relations tribunal, tasked with ensuring that enterprise agreements meet specific legal criteria. The Corporation aimed to secure the approval of this agreement, which would govern the employment conditions of its staff during the specified period.

The legal issues at the core of the case revolved around whether the proposed agreement complied with the necessary requirements set forth by the Fair Work Act 2009. Specifically, the tribunal examined whether the agreement had been fairly made, contained all the mandated terms and conditions, and did not disadvantage any employees. The application process necessitated demonstrating that the agreement was negotiated in good faith and provided for a fair and reasonable outcome for all parties involved.

The tribunal meticulously reviewed the negotiation process, the contents of the agreement, and the impact on employees. It found that the agreement was indeed fairly made and included all the required provisions. The tribunal concluded that the agreement was not detrimental to any employee and was in line with the legal standards set by the Act. Consequently, the Fair Work Commission approved the Enterprise Agreement 2017 - 2020 for the Brisbane Airport Corporation, allowing it to be implemented as a binding agreement between the corporation and its employees.

The decision by the Fair Work Commission was definitive, affirming the approval of the Enterprise Agreement. This ruling allowed the Brisbane Airport Corporation to proceed with implementing the agreed terms and conditions, ensuring that the workplace relations were governed by a legally recognised and fair agreement. The tribunal’s approval was based on a thorough assessment of the negotiation process and the contents of the agreement, ensuring compliance with the legislative requirements.

Brisbane Airport Corporation Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established