DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Brisbane West Wellcamp Airport Pty Ltd
(AG2014/10211)

BRISBANE WEST WELLCAMP AIRPORT ENTERPRISE AGREEMENT 2014

Airport operations
COMMISSIONER SIMPSON	BRISBANE, 23 JANUARY 2015

Application for approval of the Brisbane West Wellcamp Airport Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Brisbane West Wellcamp Airport Enterprise Agreement 2014 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brisbane West Wellcamp Airport Pty Ltd. The agreement is a single enterprise agreement.

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

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Brisbane West Wellcamp Airport Pty Ltd, the applicant sought approval of the Brisbane West Wellcamp Airport Enterprise Agreement 2014. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement contained provisions that were unfair within the meaning of the Act, particularly concerning the provisions relating to shift work and penalties for unauthorised absences.

The primary legal issue before the Commission was whether certain clauses in the agreement were procedurally and/or materially unfair. The Commission had to examine whether the agreement was made in accordance with the requirements of the Fair Work Act and whether it provided for terms and conditions that were procedurally and materially fair. The applicant argued that the agreement was fair and that any potential unfairness was justified by the need to ensure operational efficiency and safety at the airport.

After careful consideration of the submissions and evidence, the Commission found that while some provisions of the agreement were potentially unfair, they were not so unfair as to warrant refusal of approval. The Commission was satisfied that the agreement was made in good faith and that the potential unfairness was justified by the operational needs of the applicant. The Commission ultimately approved the agreement, subject to certain modifications to address the identified issues of unfairness. The applicant was directed to implement these modifications within a specified timeframe.

Brisbane West Wellcamp Airport 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