DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brisbane Airport Fuel Services Pty Ltd
(AG2016/5298)

CANBERRA AIRPORT REFUELLING SERVICES ENTERPRISE AGREEMENT 2016

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 13 OCTOBER 2016

Application for approval of the Canberra Airport Refuelling Services Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Canberra Airport Refuelling Services Enterprise Agreement 2016 (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 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2016. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Brisbane Airport Fuel Services Pty Ltd applied for approval of the Canberra Airport Refuelling Services Enterprise Agreement 2016. The application was made to the Fair Work Commission, which oversees the approval of enterprise agreements under the Fair Work Act 2009. The application was opposed by the United Voice union and the Australian Licensed Aircraft Engineers Association. The dispute centred on whether the agreement met the legal requirements for approval, including the protection of employees' rights and interests.

The court needed to determine whether the agreement provided for fair and reasonable terms, in line with the criteria set out in the Fair Work Act. This involved assessing whether the agreement fairly reflected the balance of power between employers and employees, and whether it contained adequate protections for employees' rights, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The court also needed to consider whether the agreement had been genuinely negotiated between the parties, and whether it complied with any relevant industry codes or standards.

The Fair Work Commission found that the agreement met the legal requirements for approval. The court considered that the agreement contained appropriate protections for employees' rights and interests, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The court also found that the agreement had been genuinely negotiated between the parties, and that it complied with any relevant industry codes or standards. The court rejected the arguments of the unions that the agreement was unfair or did not provide adequate protections for employees.

The Fair Work Commission approved the Canberra Airport Refuelling Services Enterprise Agreement 2016, subject to certain minor amendments. The court ordered that the agreement be registered with the Fair Work Commission, and that it would come into effect on the date of the approval order. The unions were given the right to appeal the decision to the Federal Court.

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