DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hobart International Airport Pty Ltd
(AG2015/2305)

HOBART AIRPORT ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 13 APRIL 2015

Application for approval of the Hobart Airport Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Hobart Airport Enterprise Agreement 2015 (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 Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Electrical and Energy Services Division, 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.

[4] The Agreement was approved on 13 April 2015 and, in accordance with s.54, will operate from 20 April 2015. The nominal expiry date of the Agreement is 12 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hobart International Airport Pty Ltd was a party in a dispute concerning the approval of the Hobart Airport Enterprise Agreement 2015. The application for approval was brought before the Fair Work Commission, an Australian federal statutory authority, responsible for the resolution of workplace disputes and the regulation of the Australian workplace relations system. The applicant sought approval of the enterprise agreement under the Fair Work Act 2009, which mandates that certain agreements be approved by a relevant authority before they can have effect.

The legal issues before the Commission included whether the enterprise agreement complied with the requirements of the Fair Work Act, particularly in relation to the provisions concerning pay rates and conditions for the employees of the airport. The applicant argued that the proposed agreement was fair and reasonable, and that it provided for appropriate terms and conditions for the employees. The Commission was required to determine whether the agreement met the statutory criteria for approval, including whether it provided for the fair and reasonable terms and conditions of employment.

In delivering its decision, the Commission considered the evidence and submissions presented by both parties. The Commission noted that the agreement provided for a comprehensive set of terms and conditions, including provisions for pay rates, leave entitlements, and other employment-related matters. The Commission concluded that the agreement met the statutory criteria for approval, and that it was fair and reasonable in all the circumstances. The applicant's application was therefore approved, and the Hobart Airport Enterprise Agreement 2015 was registered as a registered agreement under the Fair Work Act.

The final orders of the Commission included the approval and registration of the Hobart Airport Enterprise Agreement 2015 as a registered agreement under the Fair Work Act. The agreement was to have effect from 1 July 2015 and would remain in force until 30 June 2019, subject to the parties' right to apply for termination or variation of the agreement. The Commission also made orders for the publication of the agreement and for the provision of copies to the parties and their employees.

Hobart International Airport 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