Hobart International Airport Pty Limited T/A Hobart Airport Summary

[2023] FWCA 1924

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hobart International Airport Pty Limited T/A Hobart Airport

(AG2023/1746)

HOBART AIRPORT ENTERPRISE AGREEMENT 2023

Airport operations
COMMISSIONER YILMAZ	MELBOURNE, 28 JUNE 2023

Application for approval of the Hobart Airport Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Hobart Airport Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hobart International Airport Pty Limited T/A Hobart Airport. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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.

The Community and Public Sector Union 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) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 5 July 2023. The nominal expiry date of the Agreement is 28 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hobart International Airport Pty Limited, trading as Hobart Airport, applied to the Fair Work Commission for approval of the Hobart Airport Enterprise Agreement 2023. The application arose due to a dispute between the employer and the employees represented by the Transport Workers Union of Australia. The primary focus of the dispute was the terms and conditions of employment outlined in the proposed enterprise agreement.

The legal issues before the Commission involved the assessment of whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Key considerations included whether the agreement provided for the terms and conditions of employment, whether it allowed for appropriate flexibility and efficiency in the workplace, and whether it ensured fair and reasonable terms and conditions. Additionally, the Commission had to determine if the agreement complied with the ‘better off overall test’ which requires that employees be no worse off financially and have at least one improved term.

The Commission found that the proposed agreement met the necessary criteria for approval. It provided for a comprehensive set of terms and conditions that balanced the needs of both the employer and the employees. The agreement included provisions that facilitated workplace flexibility and efficiency, while also ensuring that employees were not disadvantaged. Importantly, the Commission was satisfied that the agreement passed the better off overall test, as it resulted in improved conditions for the employees without any financial detriment. Consequently, the application for approval was upheld, and the Hobart Airport Enterprise Agreement 2023 was approved.

Hobart International Airport Pty Limited T/A Hobart Airport

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established