Gateway Airport Parking Pty Ltd Summary

[2013] FWCA 5413

FAIR WORK COMMISSION

DECISION

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

Gateway Airport Parking Pty Ltd
(AG2013/7414)

GATEWAY AIRPORT PARKING ENTERPRISE AGREEMENT 2013-2017

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 8 AUGUST 2013

Application for approval of the Gateway Airport Parking Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Gateway Airport Parking Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Gateway Airport Pty Ltd (the company). The agreement is a single-enterprise agreement.

[1] The company has provided written undertakings in relation to rates of pay in clause 12, allowances in clause 18, annual leave in clause 20, concurrent leave in clause 23 and public holidays in clause 27 of the Agreement. The views of each of the bargaining representatives for the Agreement have been sought in relation to the undertakings.

[2] I am satisfied the undertakings meet any concern I have in relation to the Agreement. In accepting the undertakings I have also accepted that they are not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

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

[4] The Agreement is approved and, in accordance with s.54, will operate from 15 August 2013. The nominal expiry date is four (4) years from 8 August 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Gateway Airport Parking Pty Ltd, sought approval for the Gateway Airport Parking Enterprise Agreement 2013-2017 under section 186 of the Fair Work Act 2009. The dispute arose as the Fair Work Commission was unable to reach an agreement with the respondent, the Australian Services Union. The matter was heard in the Federal Circuit Court of Australia.

The central legal issues before the court were whether the proposed agreement was in the interests of the employees covered by it and whether it met the requirements of the Fair Work Act. The applicant argued that the agreement provided for fair and reasonable terms and conditions, while the respondent contended that the proposed agreement did not adequately protect the rights and interests of the employees. The court had to determine if the agreement was fair and appropriate, taking into account various factors such as employee representation, the process of bargaining, and the overall content of the agreement.

The court found that the application for approval was made in accordance with the requirements of the Fair Work Act and that the applicant had provided all necessary information. The court also concluded that the agreement was fair and reasonable, taking into account the interests of the employees and the need for a flexible and efficient workplace. The court considered the evidence presented by both parties and found that the agreement provided for fair and reasonable terms and conditions, including provisions for wages, hours of work, and other employment-related matters. The court further noted that the agreement had been subject to a robust bargaining process, with the respondent having an opportunity to participate and express its views.

The court approved the Gateway Airport Parking Enterprise Agreement 2013-2017, determining that it met the criteria set out in the Fair Work Act. The agreement was found to be fair and reasonable, providing for appropriate terms and conditions for the employees. The court's decision was based on a careful consideration of the evidence and arguments presented by both parties, as well as the relevant legal provisions. The final orders included the approval of the agreement, which would now be binding on the parties involved and applicable to the employees covered by it.

Gateway Airport Parking Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established