DECISION

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

Mackay Airport Pty Ltd
(AG2015/3825)

MACKAY AIRPORT PTY LTD ENTERPRISE AGREEMENT 2015

Airport operations
COMMISSIONER SIMPSON	BRISBANE, 19 AUGUST 2015

Application for approval of the Mackay Airport Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Mackay Airport Pty Ltd 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 Mackay Airport Pty Ltd. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian, Municipal, Administrative, Clerical and Service Union being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mackay Airport Pty Ltd applied for the approval of the Mackay Airport Pty Ltd Enterprise Agreement 2015. The respondent, the Australian Council of Trade Unions (ACTU), opposed the application on the basis that the agreement did not meet the requirements of the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The central issue was whether the agreement was consistent with the provisions of the Fair Work Act, including whether it met the requirements for the agreement to be considered a safety net agreement. The ACTU argued that the agreement did not provide for minimum entitlements, such as minimum wage rates and penalty rates, and therefore did not comply with the statutory safety net. Mackay Airport Pty Ltd countered that the agreement was a genuine attempt to facilitate better working conditions and that it provided for a fair and reasonable outcome for all parties involved.

The Commission found that the agreement was consistent with the Fair Work Act and met the requirements for approval. The Commission was satisfied that the agreement provided for minimum entitlements and did not undermine the safety net protections provided by the Act. The Commission considered that the agreement was a genuine attempt to improve working conditions and provide for a fair and reasonable outcome for all parties involved. Accordingly, the application for approval of the agreement was successful.

The Fair Work Commission approved the Mackay Airport Pty Ltd Enterprise Agreement 2015, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications included the addition of specific provisions relating to minimum wage rates and penalty rates. The Commission determined that the agreement, as modified, provided for a fair and reasonable outcome for all parties involved and was consistent with the provisions of the Fair Work Act.

Mackay 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