DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broome International Airport Pty Ltd and Others
(AG2015/5931)

BIA GROUP ENTERPRISE AGREEMENT 2015

Airport operations
COMMISSIONER LEE	MELBOURNE, 24 NOVEMBER 2015

Application for approval of the BIA Group Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the BIA Group Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Broome International Airport Pty Ltd, Broome Airport Services Pty Ltd, Roebuck Estate Construction Pty Ltd and Nakamura’s Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicants have 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 December 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

Broome International Airport Pty Ltd and others applied to the Fair Work Commission for approval of the BIA Group Enterprise Agreement 2015. The application involved various aspects of the proposed agreement, including the classification of employees, pay rates, and other employment conditions. The Fair Work Commission, led by Commissioner McCabe, was tasked with determining whether the agreement met the necessary legal standards and would benefit the employees.

The legal issues before the Commission centred on the fairness and validity of the proposed enterprise agreement under the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether it complied with the statutory requirements set out in the Act. This involved examining the agreement's provisions on pay rates, classification of employees, and other employment conditions to ensure they were just and equitable.

The Commission carefully reviewed the application and found that the proposed enterprise agreement was fair and reasonable for the employees. Commissioner McCabe noted that the agreement addressed the needs of both the employer and the employees and provided for appropriate terms and conditions of employment. The Commission was satisfied that the agreement complied with the statutory requirements and would benefit the employees. Consequently, the Fair Work Commission approved the BIA Group Enterprise Agreement 2015.

The final orders of the Commission included the approval of the BIA Group Enterprise Agreement 2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with its terms and conditions. The decision provided clarity and certainty for the parties involved and ensured that the agreement met the necessary legal standards.

Broome International Airport Pty Ltd and Others

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established