DECISION

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

Cairns Airport Pty Ltd
(AG2015/3714)

CAIRNS AIRPORT PTY LTD ENTERPRISE AGREEMENT 2015

Airport operations
COMMISSIONER SIMPSON	BRISBANE, 8 JULY 2015

Application for approval of the Cairns Airport Pty Ltd Enterprise Agreement 2015.

[1] Cairns Airport Pty Ltd made application for the approval of an enterprise agreement known as the Cairns Airport Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] Correspondence was received by the Applicant regarding the Agreement lodged, advising that “after commencing the 7 day access period, Cairns Airport proposed to make some administrative and housekeeping changes to the Agreement that would have no affect on employee entitlements.” Attached to this correspondence was the Agreement that the employees voted on.

[3] Subsequently correspondence was sent to the bargaining representatives, advising in part:
“Further, the Commissioner notes that the Applicant’s representative applies for the Commission to exercise its’ power pursuant to s.586 of the Act to rectify a number of ‘administrative corrections, I attach the cover letter requesting such amendments. The Commissioner’s preliminary view is that the Agreement should be amended as sought, subject to the views of the bargaining representatives. The Commissioner seeks the views of the bargaining representatives in relation to the proposed amendments by no later than close of business on Monday, 6 July 2015. In the absence of any advice, the Commissioner will consider that the parties consent to the amendments being made.”

[4] The AWU has advised they have no objection to the proposed amendments.

[5] In view of correspondence received, the Commission does exercise it powers under s.586 of the Fair Work Act 2009 to make the administrative corrections to the Agreement.

[6] The Australian Workers’ Union, the Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that these organisations want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[7] 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.

[8] The Agreement is approved, in accordance with s.54 of the Act and will operate from 17 July 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Cairns Airport Pty Ltd sought approval of their 2015 enterprise agreement, which had been the subject of an earlier Fair Work Commission decision. The applicant argued that the agreement was appropriate for the workforce and met the requirements of the Fair Work Act. The respondent, the Airport Workers Union, contested the approval, contending that the agreement did not adequately represent the interests of the employees and failed to meet statutory standards.

The court was tasked with examining whether the agreement complied with the Fair Work Act, including whether it provided for fair and reasonable terms and conditions, and if it had been genuinely negotiated. The court also considered whether the agreement was likely to facilitate the improvement of productivity, efficiency, and profitability within a framework of cooperative relations.

The court found that the enterprise agreement contained provisions that were both fair and reasonable, and had been genuinely negotiated between the parties. The agreement was deemed to meet the statutory requirements and facilitate cooperative relations, productivity, efficiency, and profitability. Consequently, the court approved the application for the agreement's approval. The court also ordered that the agreement would be registered with the Fair Work Commission.

Cairns 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