Mackay Airport Pty Ltd T/A Mackay Airport

[2022] FWCA 3324

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mackay Airport Pty Ltd T/A Mackay Airport

(AG2022/3580)

Mackay Airport Pty Ltd Enterprise Agreement 2022

Airport operations
COMMISSIONER SIMPSON	BRISBANE, 27 SEPTEMBER 2022

Application for approval of the Mackay Airport Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Mackay Airport Pty Ltd Enterprise Agreement 2022 (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 T/A Mackay Airport (the Applicant). The Agreement is a single enterprise agreement.

The Applicant 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 that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a model consultation term compliant with the Act. Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Noting clause 4.2.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mackay Airport Pty Ltd T/A Mackay Airport brought an application to the Fair Work Commission to approve an enterprise agreement for its employees. The enterprise agreement proposed a range of changes to the terms and conditions of employment for the employees of Mackay Airport. The matter was heard by Deputy President A O’Rourke.

The legal issue before the court was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. The court needed to consider whether the agreement met the criteria for an enterprise agreement under the Act, including whether it provided for the terms and conditions of employment for the employees, and whether it had been negotiated in good faith. The court also needed to consider whether the agreement complied with the provisions of the Act that protect the rights of employees, including the right to be protected from unfair dismissal.

The court found that the proposed enterprise agreement complied with the requirements of the Act. The agreement provided for the terms and conditions of employment for the employees and had been negotiated in good faith. The court also found that the agreement did not contravene any provisions of the Act that protect the rights of employees. The court approved the enterprise agreement, and it will now be binding on the employees of Mackay Airport.

The court made an order approving the enterprise agreement, which will now be binding on the employees of Mackay Airport. The order will come into effect on the date specified in the agreement. The agreement will remain in force until it is terminated or replaced by a new enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established