DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broome International Airport Pty Ltd T/A Broome International Airport
(AG2018/7300)

BIA GROUP ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 10 JUNE 2019

Application for approval of the BIA Group Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the BIA Group 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 Broome International Airport Pty Ltd T/A Broome International Airport. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 June 2019. The nominal expiry date of the Agreement is 29 June 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Broome International Airport Pty Ltd, trading as Broome International Airport, applied to the Fair Work Commission for approval of the BIA Group Enterprise Agreement 2018. The dispute involved the terms and conditions of employment for Broome International Airport's employees and the necessity of the agreement in maintaining industrial harmony. The Commission was tasked with ensuring the agreement complied with the Fair Work Act 2009, particularly regarding its fairness and compliance with the Fair Work (Registered Organisations) Act 2009. The central legal issues revolved around whether the agreement met the requirements for 'genuine agreement' and whether it was procedurally and substantively fair.

The Commission examined whether the agreement was genuinely negotiated between the employer and the employees, and if it contained provisions that were fair and reasonable. It considered the extent of consultation and the opportunity for employees to be represented during the negotiation process. Additionally, the Commission assessed whether the agreement provided for fair terms and conditions of employment, including remuneration, hours of work, and other employment-related matters. The Commission held that the agreement was genuinely negotiated and contained provisions that were fair and reasonable. It found that the employer had consulted with employees and provided them with the opportunity to be represented during the negotiation process. The Commission approved the agreement, finding that it met the requirements of the Fair Work Act 2009.

The final orders confirmed the approval of the Broome International Airport Group Enterprise Agreement 2018, subject to the terms and conditions set out in the decision. The agreement was deemed to be a lawful and binding contract between the employer and employees, providing a framework for their ongoing employment relationship. The decision reinforced the importance of genuine negotiation and fair terms in enterprise agreements under the Fair Work Act.

Broome International Airport Pty Ltd T/A Broome International Airport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established