DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brisbane Airport Refuelling Services Pty Ltd
(AG2019/2869)

COOLANGATTA AIRPORT REFUELLING SERVICES ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 13 SEPTEMBER 2019

Application for approval of the Coolangatta Airport Refuelling Services Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Coolangatta Airport Refuelling Services Enterprise Agreement 2019 (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 Refuelling Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2019. The nominal expiry date of the Agreement is 12 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved Brisbane Airport Refuelling Services Pty Ltd and a matter related to the approval of the Coolangatta Airport Refuelling Services Enterprise Agreement 2019. The application for approval was brought under the Fair Work Act 2009. The applicant, Brisbane Airport Refuelling Services, sought to have the enterprise agreement registered, which would then make it binding on its employees covered by the agreement.

The legal issues before the court centred around whether the enterprise agreement complied with the requirements of the Fair Work Act. Specifically, the court had to consider whether the agreement was made in good faith and whether it contained the necessary minimum terms and conditions as stipulated by the Act. The court also needed to ensure that the agreement did not adversely affect employees' rights and entitlements, and that the process of making the agreement was fair and transparent.

The court meticulously reviewed the provisions of the enterprise agreement, examining whether it included all the mandated minimum terms and conditions. The court found that the agreement was made in good faith and did not include any terms that would adversely affect employees' rights. Additionally, the court was satisfied that the process leading to the agreement was fair and transparent. Based on these findings, the court approved the application for the agreement to be registered, deeming it compliant with the legislative requirements.

The final orders of the court were to approve the Coolangatta Airport Refuelling Services Enterprise Agreement 2019 for registration under the Fair Work Act 2009. The agreement was to be registered as binding on the employees covered by the agreement, effective from the date of the court's decision.

Brisbane Airport Refuelling 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