DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brisbane Airport Fuel Services Pty Ltd
(AG2018/6650)

BRISBANE AIRPORT FUEL SERVICES ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER LEE	MELBOURNE, 27 MARCH 2019

Application for approval of the Brisbane Airport Fuel Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Brisbane Airport Fuel Services Enterprise Agreement 2018 (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 Fuel Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2019. The nominal expiry date of the Agreement is 2 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Brisbane Airport Fuel Services Pty Ltd, sought approval of the Brisbane Airport Fuel Services Enterprise Agreement 2018. The dispute arose when the applicant's employees, represented by the Transport Workers Union of Australia, sought to have the agreement approved under the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The legal issues before the Commission centred on whether the agreement met the 'better off overall test' as required by the Fair Work Act. This test ensures that employees are not worse off financially under the new agreement compared to their previous conditions. The Commission had to consider various aspects of the agreement, including wages, penalty rates, and other employment conditions.

The Commission found that the proposed agreement did meet the better off overall test. It noted that the agreement provided for a fair and reasonable outcome for the employees, with improved wages and conditions in certain areas. The Commission also considered the context of the agreement, including the financial position of the applicant and the broader economic environment. Ultimately, the Commission was satisfied that the agreement was fair and reasonable, and approved it accordingly.

The Fair Work Commission approved the Brisbane Airport Fuel Services Enterprise Agreement 2018. The approval ensures that the employees will receive improved wages and conditions, while also providing certainty for the applicant in relation to their industrial arrangements. The decision provides a useful example of how the better off overall test is applied in the context of enterprise agreements.

Brisbane Airport Fuel Services 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