Gold Coast Airport Pty Ltd T/A Gold Coast Airport

Case [2019] FWCA 3711


[2019] FWCA 3711
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Gold Coast Airport Pty Ltd T/A Gold Coast Airport
(AG2019/402)

QUEENSLAND AIRPORTS LIMITED ENTERPRISE AGREEMENT 2018

Airport operations

COMMISSIONER BISSETT

MELBOURNE, 13 JUNE 2019

Application for approval of the Queensland Airports Limited Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Airports Limited 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 Gold Coast Airport Pty Ltd T/A Gold Coast Airport. The Agreement is a multi-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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2019. The nominal expiry date of the Agreement is 12 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE503660  PR708812>

Annexure A

Details
AGLC
Gold Coast Airport Pty Ltd T/A Gold Coast Airport [2019] FWCA 3711
Case
[2019] FWCA 3711
Decision Date

CaseChat Overview and Summary

In the matter of Gold Coast Airport Pty Ltd T/A Gold Coast Airport, the Fair Work Commission heard an application for the approval of the Queensland Airports Limited Enterprise Agreement 2018. The dispute centred around the terms and conditions of employment for employees at Gold Coast Airport, with the primary issue being whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. The application was brought before the Fair Work Commission, which was required to assess whether the agreement met the criteria for approval under the Fair Work Act.

The legal issues before the Commission included whether the agreement provided for a fair and reasonable process for resolving disputes between employees and their employer, whether it ensured a fair and reasonable process for resolving issues related to redundancy, and whether it included provisions for fair and reasonable terms for employees' working conditions. Additionally, the Commission needed to determine if the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and if it contained terms that were fair and reasonable in all respects.

After careful consideration of the submissions and evidence presented, the Fair Work Commission found that the Queensland Airports Limited Enterprise Agreement 2018 was fair and reasonable in all respects. The Commission noted that the agreement contained appropriate processes for resolving disputes and issues related to redundancy, as well as fair and reasonable terms for employees' working conditions. The Commission also determined that the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act. Consequently, the Commission approved the Queensland Airports Limited Enterprise Agreement 2018.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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