DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cairns Airport Refuelling Service Pty Ltd
(AG2018/5962)

CAIRNS AIRPORT REFUELLING SERVICE PTY LTD ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 MARCH 2019

Application for approval of the Cairns Airport Refuelling Service Pty Ltd Enterprise Agreement 2018.

[1] Cairns Airport Refuelling Service Pty Ltd has made an application for approval of an enterprise agreement known as the Cairns Airport Refuelling Service Pty Ltd Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 28 March 2019 and, in accordance with s 54, will operate from 4 April 2019. The nominal expiry date of the Agreement is 3 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Cairns Airport Refuelling Service Pty Ltd, which applied for the approval of its Enterprise Agreement 2018. The application was brought before the Fair Work Commission. The nature of the dispute centred on the fairness and compliance of the proposed enterprise agreement with relevant industrial and legislative standards.

The primary legal issues the court had to address were whether the agreement provided adequate coverage for employees' rights and obligations, and if it complied with the Fair Work Act 2009. Specifically, the court needed to ensure that the agreement met the 'better off overall test', which requires that employees should not be worse off financially or in terms of conditions of employment.

The Fair Work Commission examined the application in detail, considering the bargaining positions of the parties, the nature of the enterprise, and the terms and conditions proposed in the agreement. The Commission concluded that the agreement was fair and met the statutory requirements, including the 'better off overall test'. It was found that the agreement provided reasonable terms and conditions that did not disadvantage the employees. The Commission approved the enterprise agreement, noting that it was in the best interests of the employees and the employer.

The final orders of the court were that the Cairns Airport Refuelling Service Pty Ltd Enterprise Agreement 2018 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the Commission's decision.

Cairns Airport Refuelling Service 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