DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cootes Transport Group Pty Ltd T/A McAleese Aviation Services
(AG2015/3154)

MCALEESE AVIATION SERVICES ENTERPRISE BARGAINING AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 13 JULY 2015

Application for approval of the McAleese Aviation Services Enterprise Bargaining Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the McAleese Aviation Services Enterprise Bargaining Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Cootes Transport Group Pty Ltd T/A McAleese Aviation Services (the Company). The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] On 10 July 2015 an undertaking was provided by Mr M Tamplin, Divisional General Manager of the Company, in relation to clause 2.12 (Redundancy) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Transport Workers’ Union of Australia has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from 20 July 2015. The nominal expiry date is 30 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Cootes Transport Group Pty Ltd trading as McAleese Aviation Services and its application for approval of the McAleese Aviation Services Enterprise Bargaining Agreement 2014. This application was before the Fair Work Commission, an Australian federal workplace relations tribunal. The primary nature of the dispute was whether the proposed agreement was in compliance with the Fair Work Act 2009 and met the requirements for being a simple, fair, and modern agreement.

The legal issues that the Fair Work Commission had to resolve included the procedural fairness of the agreement, its simplicity, and its fairness. The Commission also examined whether the agreement complied with the prescribed terms and conditions as required by the Fair Work Act 2009. Specifically, the Commission assessed whether the agreement contained the mandatory minimum terms and conditions, and whether it met the criteria for being a simple, fair, and modern agreement.

In its decision, the Fair Work Commission found that the application for approval of the McAleese Aviation Services Enterprise Bargaining Agreement 2014 was procedurally fair. The Commission noted that the agreement contained all the mandatory minimum terms and conditions, and met the criteria for being a simple, fair, and modern agreement. The Commission also determined that the agreement did not contain any terms that were considered unfair or unreasonable. As a result, the Commission approved the agreement and issued a certificate under section 234 of the Fair Work Act 2009.

The final orders of the Fair Work Commission were that the McAleese Aviation Services Enterprise Bargaining Agreement 2014 be approved and registered under the Fair Work Act 2009. The agreement was to be effective from 1 January 2015 and would apply to all employees covered by the agreement. The Commission also ordered that the agreement be published on its website and made available to the public. This decision provided certainty and clarity to both the employer and the employees, ensuring that the agreement met the legal requirements and was fair and reasonable for all parties involved.

Cootes Transport Group Pty Ltd T/A McAleese Aviation Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established