DECISION

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

Hobart International Airport Pty Limited T/A Hobart Airport
(AG2019/1600)

HOBART AIRPORT ENTERPRISE AGREEMENT 2019

Airport operations
DEPUTY PRESIDENT YOUNG	MELBOURNE, 12 AUGUST 2019

Application for approval of the Hobart Airport Enterprise Agreement 2019.

[1] Hobart International Airport Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the Hobart Airport Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement.

[3] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the 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.

[5] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.2 of the Agreement and the undertaking provided by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] CPSU, the Community and Public Sector Union, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[7] The Agreement was approved on 12 August 2019 and, in accordance with s 54, will operate from 19 August 2019. The nominal expiry date of the Agreement is 1 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Hobart International Airport Pty Limited, trading as Hobart Airport, for approval of the Hobart Airport Enterprise Agreement 2019. The dispute involved the terms and conditions of employment for the airport's staff, as outlined in the proposed agreement, which sought to address various aspects of remuneration, working conditions, and other employment-related matters.

The primary legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of ensuring that it met the "better off overall test" and did not unfairly disadvantage any employees. The Commission also had to consider whether the agreement provided for appropriate processes for resolving disputes and whether it was consistent with the broader objectives of the Act, including promoting harmonious, productive, and cooperative workplace relations.

In reaching its decision, the Commission carefully examined the provisions of the proposed agreement and the submissions made by the parties. The Commission noted that the agreement contained a range of measures designed to improve working conditions and remuneration for airport staff, while also providing for flexibility and efficiency in the operation of the airport. The Commission found that the agreement met the "better off overall test" and did not unfairly disadvantage any employees, and that it provided for appropriate dispute resolution processes. The Commission was satisfied that the agreement was consistent with the objectives of the Fair Work Act and approved the application for the agreement to be registered.

The final orders of the Commission included the registration of the Hobart Airport Enterprise Agreement 2019, which would now form the basis of employment conditions for staff at the airport. The Commission also directed that the agreement would be published on its website and that any amendments to the agreement would need to be approved by the Commission in the future.

Hobart International Airport Pty Limited T/A Hobart Airport

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established