Cairns Airport Pty Ltd

[2022] FWCA 3582

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cairns Airport Pty Ltd

(AG2022/4040)

Cairns Airport Pty Ltd Enterprise Agreement 2022

Airport operations
DEPUTY PRESIDENT BELL	MELBOURNE, 14 OCTOBER 2022

Application for approval of the Cairns Airport Pty Ltd Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Cairns Airport Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Employer, Cairns Airport Pty Ltd. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, 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. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Australian Municipal, Administrative, Clerical and Services Union (ASU), The Australian Workers’ Union (AWU), and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement was approved on 14 October 2022 and, in accordance with s.54 of the Act, will operate from 21 October 2022. The nominal expiry date of the Agreement is 1 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cairns Airport Pty Ltd recently brought an application before the Fair Work Commission for the approval of the Cairns Airport Pty Ltd Enterprise Agreement 2022. The applicant sought approval of the agreement under section 232 of the Fair Work Act 2009. The respondent, a union representing employees of Cairns Airport, objected to the approval of the agreement on various grounds.

The central legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act. The respondent raised concerns about the agreement's provisions concerning casual employees, particularly those related to penalty rates and shift loadings. The respondent argued that these provisions did not provide adequate protection for casual employees and were inconsistent with the principles of procedural fairness.

In considering the application, the Commission examined the provisions of the Fair Work Act and relevant case law. The Commission noted that while the agreement contained provisions that were not ideal, they did not fall outside the scope of what was permissible under the Act. The Commission found that the agreement provided for a fair and reasonable outcome for all parties and met the requirements for approval under the Act. Accordingly, the Commission approved the agreement and made the necessary orders to that effect. The respondent's objections were dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established