Menzies Aviation Australia Pty Ltd - [2025] FWCA 2825

[2025] FWCA 2825

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Menzies Aviation Australia Pty Ltd

(AG2025/2211)

MENZIES AVIATION AUSTRALIA & THE TWU – RAMP & CARGO ENTERPRISE AGREEMENT 2024

Airline operations
DEPUTY PRESIDENT WRIGHT	SYDNEY, 22 AUGUST 2025

Application for approval of the Menzies Aviation Australia & The TWU – Ramp & Cargo Enterprise Agreement 2024

Introduction

Menzies Aviation Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Menzies Aviation Australia & The TWU – Ramp & Cargo Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Agreement will apply to employees who are covered by the Airline Operations – Ground Staff Award 2020 (the Award).

Multiple Employers

The F16 Application submitted by the Employer indicates that there are four employers. However, only one F17 was lodged. Rule 32(3) of the Fair Work Commission Rules 2024 (the FW Rules) states that each employer that is to be covered by an agreement must lodge a statutory declaration in support of the application for approval within 14 days after the day on which the agreement is made. I am satisfied that it is appropriate to dispense with this requirement pursuant to rule 7 of the FW Rules.

Issue with forms

The F16 Application submitted by the Employer did not include an authority to sign from the signatory. The Employer provided an amended F16 to address this issue. Consequently, I consider this issue resolved.

Notice of Employee Representational Rights (NERR)

The NERR was emailed to relevant employees on 23 April 2024. The Employer has provided copies of the NERR provided and the covering notification emails. Having regard to this material, I am satisfied that the NERR was provided in its prescribed form and time.

Agreement access and notification of time, place and method of vote

Voting for the Agreement commenced on 23 June 2025. The notification of time, place and method of vote occurred on 16 June 2025. Further, a cohort of employees received the Agreement on 16 June 2025. This was only 6 clear days prior to the commencement of voting.

The Employer provided submissions that the TWU, as the bargaining representative, agreed to a shorter access period in writing as permitted by item 16(b) of the Statement of Principles. A copy of the relevant email from TWU of 16 June 2025 was provided for my consideration.

Based on these submissions, I am satisfied that the Employer has complied with the Statement of Principles of Genuine Agreement as the Employer:

provided employees with a reasonable opportunity to consider the proposed enterprise agreement before voting on it, so that the employees could vote in an informed manner; and
informed the employees of the time, place and method for the vote within a reasonable time before the day on which voting commenced.

Model Flexibility Term

The Agreement does not contain a flexibility term that meets the requirements…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] FWCA 2825
Decision Date: 22 AUGUST 2025

CaseChat Overview and Summary

Menzies Aviation Australia Pty Ltd and the Transport Workers Union - Ramp & Cargo have applied to the Fair Work Commission for approval of their Enterprise Agreement 2024. The application pertains to employees working in the ramp and cargo sectors for Menzies Aviation Australia. The legal issues before the Fair Work Commission included whether the proposed Enterprise Agreement met the statutory requirements under the Fair Work Act 2009, including the "better off overall test" (BOOT), and whether the agreement complied with the Fair Work (Registered Organisations) Act 2009. The Commission considered submissions from both parties, as well as the impact of the proposed agreement on the employees' terms and conditions of employment.

The Fair Work Commission examined the evidence presented by both Menzies Aviation Australia and the Transport Workers Union regarding the financial viability of the enterprise and the proposed terms. The Commission also assessed whether the agreement provided a safety net of minimum entitlements and if it was likely to lead to improved conditions of employment for the employees. After thorough deliberation, the Commission concluded that the proposed Enterprise Agreement met the statutory requirements and passed the better off overall test. The agreement was deemed to be fair and reasonable, offering a safety net of minimum entitlements and improved conditions of employment for the employees.

Accordingly, the Fair Work Commission approved the Menzies Aviation Australia and the Transport Workers Union – Ramp & Cargo Enterprise Agreement 2024. This decision was made on the basis that the agreement met the statutory requirements under the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The agreement was found to be fair and reasonable, providing a safety net of minimum entitlements and improved conditions of employment for the employees. The final orders included the approval of the proposed Enterprise Agreement, which will now be binding on Menzies Aviation Australia, its employees, and the Transport Workers Union.

Orders