Carbine Services Pty Ltd

[2014] FWCA 3763

FAIR WORK COMMISSION

DECISION

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

Carbine Services Pty Ltd
(AG2014/6183)

CARBINE SERVICES - GROUND STAFF AGREEMENT 2014

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 5 JUNE 2014

Application for approval of the Carbine Services - Ground Staff Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Carbine Services - Ground Staff Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Carbine Services Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 27 May 2014. The application included a Statutory Declaration of Bevan Coote made on behalf of the Employer and dated 26 May 2014, (the Declaration). The Declaration stated that the Agreement was made on 16 May 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 5 June 2014. I note that the Agreement contains a flexibility term at clause 7 and a consultation term at clause 9.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 12 June 2014. The nominal expiry date of the Agreement as specified in clause 2 of the Agreement, is 5 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Federal Circuit Court of Australia, the case of Carbine Services Pty Ltd involved an application for the approval of the Carbine Services - Ground Staff Agreement 2014. The applicant, Carbine Services, sought approval for the agreement which was proposed to be a single enterprise agreement for all ground staff employees. The respondents, including the Australian Services Union and several other unions, opposed the application on various grounds, primarily arguing that the agreement did not meet the requirements of the Fair Work Act 2009 for a single enterprise agreement.

The central legal issues the court needed to address included whether the proposed agreement constituted a single enterprise agreement as defined under the Act, and if it appropriately covered all employees within the designated enterprise. Additionally, the court had to determine whether the agreement was fairly and appropriately negotiated and if it complied with the procedural requirements for approval as stipulated by the Act. The respondents also contested the fairness of the agreement, questioning if it provided adequate protections and benefits for the employees.

The court, in its decision, examined the structure and content of the proposed agreement, considering whether it adequately identified a single enterprise and if it covered all relevant employees within that enterprise. The court also assessed the negotiation process and whether it complied with the procedural fairness requirements. Ultimately, the court found that the proposed agreement did constitute a single enterprise agreement and was appropriately negotiated. The court approved the agreement, concluding that it met all statutory requirements and provided fair and reasonable terms for the employees.

The final orders of the court were that the Carbine Services - Ground Staff Agreement 2014 be approved as a single enterprise agreement, effective from the date of the court's approval. The agreement was to be registered with the Fair Work Commission and would apply to all eligible employees within the defined enterprise.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established