Cairns Airport Pty Ltd Trading AS Cairns Airport

[2025] FWCA 2753

[2025] FWCA 2753

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Cairns Airport Pty Ltd Trading AS Cairns Airport

(AG2025/2555)

CAIRNS AIRPORT PTY LTD ENTERPRISE AGREEMENT 2025

Airport operations
COMMISSIONER HUNT	BRISBANE, 18 AUGUST 2025

Application for approval of the Cairns Airport Pty Ltd Enterprise Agreement 2025

1. Cairns Airport Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Cairns Airport Pty Ltd Enterprise Agreement 2025 (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. 

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 31 January 2025 and the Agreement was made on 21 July 2025. Accordingly, the genuine agreement requirements are those applying before 6 June 2023 and the better off overall test requirements are those applying on and from 6 June 2023.

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Australian Workers’ Union (AWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Australian Municipal, Administrative, Clerical and Services Union (ASU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide views. No views were provided.

1. 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

1. I indicated to the Employer my view that the Agreement’s existing consultation term did not meet the requirements of s.205 of the Act, and that in the event of approval, the model consultation term will be inserted into the Agreement. Pursuant to s.205(2) of the Act, the model consultation term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

1. I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. The AWU, CEPU and ASU, 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) of the Act, I note the Agreement covers the AWU, CEPU and ASU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 August 2025. The nominal expiry date of the Agreement is 1 July 2028.

COMMISSIONER

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Annexure A – Undertakings