DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gate Gourmet Services Pty Ltd
(AG2018/4801)

GATE AVIATION SERVICES ENTERPRISE AGREEMENT 2018

Airline operations
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 FEBRUARY 2019

Application for approval of the Gate Aviation Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Gate Aviation Services Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gate Gourmet Services Pty Ltd. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 27 February 2019 and, in accordance with s.54, will operate from 6 March 2019. The nominal expiry date of the Agreement is 31 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Gate Gourmet Services Pty Ltd was the applicant seeking approval of the Gate Aviation Services Enterprise Agreement 2018 under the Fair Work Act 2009. The application was made to the Fair Work Commission, which has the authority to approve, reject, or vary an enterprise agreement if it is satisfied that the agreement meets certain criteria. The dispute centred on whether the agreement contained provisions that were not consistent with the Act or its objectives, specifically in relation to certain terms and conditions of employment.

The legal issues the court needed to decide included whether the provisions of the agreement complied with the requirements of the Fair Work Act, whether the agreement adequately protected the rights of employees, and whether the process for reaching the agreement was fair and lawful. The court examined the agreement's provisions for flexibility in work arrangements, changes to employee conditions, and the process by which the agreement was negotiated and agreed upon.

The court determined that while the majority of the agreement was compliant with the Act, certain provisions regarding flexibility and changes to employee conditions did not adequately protect the rights of employees. The court was particularly concerned with provisions that allowed for significant changes to work arrangements and conditions without adequate consultation or agreement from the employees. The court found that these provisions were not consistent with the objectives of the Act and would not facilitate the harmonious, productive, and cooperative workplace relationships that the Act seeks to promote. Consequently, the court decided that the agreement could not be approved in its current form.

The Fair Work Commission ordered that the Gate Aviation Services Enterprise Agreement 2018 be returned to the parties for amendment. The court specified that the amended agreement must address the concerns raised regarding employee rights and the process for changing work arrangements and conditions. The court emphasised the importance of ensuring that any revised agreement adequately protected employee rights and facilitated harmonious workplace relationships in accordance with the objectives of the Fair Work Act.

Gate Gourmet Services 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