Mackay Airport Pty Ltd

[2025] FWCA 2691

[2025] FWCA 2691

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mackay Airport Pty Ltd

(AG2025/2488)

MACKAY AIRPORT PTY LTD ENTERPRISE AGREEMENT 2025

Airport operations
COMMISSIONER HUNT	BRISBANE, 15 AUGUST 2025

Application for approval of the Mackay Airport Pty Ltd Enterprise Agreement 2025

1. Mackay Airport Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Mackay Airport Pty Ltd Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 18 February 2025 and the Agreement was made on 20 July 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

1. 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

1. I indicated to the Employer my view that the Agreement’s existing consultation term did not meet the requirements of s.205 of the Act, and that in the event of approval, the model consultation term will be inserted into the Agreement. Pursuant to s.205(2) of the Act, the model consultation term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

1. I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. 
   The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2025. The nominal expiry date of the Agreement is 1 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE530040  PR790611>

Annexure A – Undertakings

IN THE FAIR WORK COMMISSION
Matter number:	AG2025/2488
Employer:	Mackay Airport Pty Ltd
Application:	Section 185 – Application for approval of a single enterprise agreement, the Mackay Airport Pty Ltd Enterprise Agreement 2025

Undertaking – Section 190

I, Andrea Ferrier, General Manager People and Culture, have the authority given to  me by Mackay Airport Pty Ltd (the Employer) to give the following undertakings with respect to the Mackay Airport Pty Ltd Enterprise Agreement 2025 (Agreement):

Shift workers

1. An employee who is a shift worker pursuant to clause 7 of the Agreement is a shift worker for the purposes of the National Employment Standards (NES), which includes employees who are shift workers rostered to work regularly on Sundays and public holidays.

Notice of taking of personal leave

1. Clause 50.3 of the Agreement be replaced with the following clause:

   “50.3  Notifying absences

   An employee must, as soon as reasonably practicable, advise the Company of the period or expected period of the leave. Ideally, this is prior to the commencement of their rostered shift, but if this is not practicable, this may be after the shift has started.”

Annualised arrangements

1. Clause 23.5 of the Agreement be replaced with the following clause:

   “23.5    An annualised salary must not result in an employee being paid less over 12 months (or, if the employee’s employment is terminated before 12 months is completed, over the period of that employment) than would have been the case if an annualised salary had not been agreed and the employee had instead been paid the sum of the minimum rate and any other amounts satisfied by the annualised salary in this Agreement. In setting this annualised salary, Mackay Airport will ensure that the employee will be paid no less than what the employee would otherwise be paid under the Award plus 5% for the same time period.”

These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission.

Signature:

Date: 7 August 2025