Brisbane Airport Corporation Pty Ltd Summary

[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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Brisbane Airport Corporation Pty Ltd (BAC) applied for the Fair Work Commission's (FWC) approval of the Brisbane Airport Corporation Enterprise Agreement 2023-2027, ‘Connect the world. Create the future’. The application was opposed by the Transport Workers Union of Australia (TWU). The dispute centred on the terms of the proposed agreement, with the TWU arguing that the agreement failed to meet the 'better off overall test' and did not comply with the Fair Work Act 2009. The FWC was required to determine whether the agreement met the statutory requirements for approval, including whether it provided employees with a direct financial benefit and was not contrary to public policy.

The FWC considered the evidence presented by both parties and examined the provisions of the proposed agreement. In particular, the FWC assessed whether the agreement provided employees with a direct financial benefit and whether it complied with the 'better off overall test'. The FWC found that the agreement met the statutory requirements for approval. The FWC concluded that the agreement provided employees with a direct financial benefit and was not contrary to public policy. The FWC also found that the agreement met the 'better off overall test' as it provided employees with a range of benefits, including salary increases, improved leave entitlements, and better access to training and development opportunities.

The FWC approved the Brisbane Airport Corporation Enterprise Agreement 2023-2027, ‘Connect the world. Create the future’. The FWC found that the agreement met the statutory requirements for approval and provided employees with a direct financial benefit. The FWC also found that the agreement was not contrary to public policy and met the 'better off overall test'. The TWU's opposition to the agreement was dismissed.

The FWC's decision provides clarity on the approval process for enterprise agreements and the factors that the FWC considers when assessing whether an agreement meets the statutory requirements for approval. The decision also highlights the importance of providing employees with a direct financial benefit and meeting the 'better off overall test' when negotiating enterprise agreements.

Brisbane Airport Corporation Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established