DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brisbane Airport Fuel Services Pty Limited
(AG2015/5251)

COOLANGATTA AIRPORT REFUELLING SERVICES ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	DEVONPORT, 16 NOVEMBER 2015

Application for approval of the Coolangatta Airport Refuelling Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Coolangatta Airport Refuelling Services Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Brisbane Airport Fuel Services Pty Limited (the Company). The Agreement is a single-enterprise agreement.

[2] On 5 November 2015 an undertaking was provided by Ms Diana Nicholson, the Company’s HR Advisory Manager, in relation to public holidays and the rate of pay for Trainees. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54, will operate from 23 November 2015. The nominal expiry date is 22 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Brisbane Airport Fuel Services Pty Limited for approval of the Coolangatta Airport Refuelling Services Enterprise Agreement 2015. The application was brought before the Commission under the Fair Work Act 2009, where the Commission was tasked with determining whether the agreement was suitable for registration and approval. The application was contested by a union representing the employees, arguing that the agreement did not adequately protect employee entitlements and conditions.

The central legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for minimum entitlements, was free from provisions that would undermine the safety net of protections provided by the Act, and was otherwise in compliance with the relevant provisions of the Act. The Commission also had to consider if the agreement had been genuinely negotiated and if it contained appropriate provisions for dispute resolution.

In delivering its decision, the Commission examined the provisions of the agreement and considered submissions from both parties. The Commission found that the agreement met the statutory requirements for approval. It was concluded that the agreement provided for all minimum entitlements and did not contain any provisions that would undermine the safety net of protections. The Commission was satisfied that the agreement had been genuinely negotiated and contained appropriate provisions for dispute resolution. Consequently, the Commission approved the Coolangatta Airport Refuelling Services Enterprise Agreement 2015 for registration.

The final orders of the Commission included the approval of the enterprise agreement and its registration under the Fair Work Act. The agreement was to take effect from the date of the decision and would bind both the employer and the employees represented by the union. The decision underscored the importance of ensuring that enterprise agreements comply with the statutory requirements and adequately protect the interests of both employers and employees.

Brisbane Airport Fuel Services Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established