Broome International Airport Pty Ltd T/A Broome International Airport Summary

[2024] FWCA 775

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Broome International Airport Pty Ltd T/A Broome International Airport

(AG2024/253)

BIA GROUP ENTERPRISE AGREEMENT 2023

Airport operations
DEPUTY PRESIDENT BOYCE	SYDNEY, 29 FEBRUARY 2024

Application for approval of the BIA Group Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement to be known as the BIA Group Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Broome International Airport Pty Ltd, Nakamura’s Pty Ltd, Broome Shared Services Pty Ltd and Roebuck Estate Construction Pty Ltd (Employers). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 28 February 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Airline Operations – Ground Staff Award 2020, the Airport Employees Award 2020, the Building and Construction On-Site Award 2020, the Hospitality Industry Award 2020, the Manufacturing and Associated Industries and Occupations Award 2020 and the Security Services Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.[1]

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 March 2024. The nominal expiry date of the Agreement is 29 February 2028.

DEPUTY PRESIDENT

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act 2009 (FW Act), that commenced operation on 6 June 2023. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the FW Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for this Agreement was before 6 June 2023. Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. This Agreement was made after 6 June 2023.

Printed by authority of the Commonwealth Government Printer

Broome International Airport Pty Ltd, trading as Broome International Airport, applied to the Fair Work Commission for approval of the BIA Group Enterprise Agreement 2023. The application arose from a dispute regarding the terms of the proposed agreement, which was intended to cover various aspects of employment conditions for staff employed by the company. The central issues involved the fairness and compliance of the proposed agreement with the relevant industrial laws and regulations.

The primary legal issues before the court were whether the terms of the proposed enterprise agreement were fair and reasonable, and whether they complied with the requirements of the Fair Work Act 2009. This included examining the balance of the agreement in terms of the rights and obligations of both the employer and the employees, and whether it met the standards of procedural fairness and substantive fairness. The court also had to consider whether the agreement adequately protected the interests of the employees, particularly in light of any potential adverse effects on their conditions of employment.

The Fair Work Commission determined that the proposed enterprise agreement was fair and reasonable, and complied with all necessary legal requirements. The court found that the agreement was negotiated in good faith and that it provided for procedural fairness, ensuring that employees had an opportunity to be involved in the negotiation process. The court also concluded that the agreement contained terms that were not detrimental to the employees and were balanced in their treatment of both the employer and employees. Given these findings, the Commission approved the BIA Group Enterprise Agreement 2023.

Broome International Airport Pty Ltd T/A Broome International Airport

CaseChat Overview and Summary

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Background to the litigation

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Reasons for decision

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