DECISION

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

Menzies Aviation (Australia) Pty Ltd
(AG2015/3526)

MENZIES AVIATION MATRAVILLE OPERATIONS AND THE TWU OF AUSTRALIA ENTERPRISE AGREEMENT 2015

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 8 SEPTEMBER 2015

Application for approval of the Menzies Aviation Matraville Operations and the TWU of Australia Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Menzies Aviation Matraville Operations and the TWU of Australia Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise greenfields agreement. The application has been made by Menzies Aviation (Australia) Pty Ltd (the Employer) and nominates the Transport Workers’ Union of Australia (the TWU) as the relevant employee organisation with which the Agreement was made.

[2] The application was lodged at Sydney on 4 August 2015. The application included a Statutory Declaration of Kogilan Moodley made on behalf of the Employer and dated 31 July 2015 (the Declaration). The Declaration stated that the Agreement was made on 23 July 2015. Therefore the application was made within the 14 day time limit established by subsection 185 (4) of the Act.

[3] The application for approval was listed for Hearing in Chambers before the Fair Work Commission on 8 September 2015. The application included a Statutory Declaration of Glenn Nightingale made on behalf of the TWU as an employee organisation in relation to the application for approval.

[4] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have examined the contents of the Declaration and the various other materials included with the application, and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met in this instance.

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

[6] Further, and in particular, I am satisfied that the TWU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[7] I note that the Agreement contains a flexibility term at clause 25 and a consultation term at clause 24.

[8] The Agreement is approved. In accordance with s.54 (1) of the Act it will operate from 15 September 2015. The nominal expiry date of the Agreement as indicated in clause 5.1 of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Menzies Aviation (Australia) Pty Ltd, the applicant, sought approval of the Menzies Aviation Matraville Operations and the TWU of Australia Enterprise Agreement 2015 from the Fair Work Commission. The Transport Workers Union of Australia, the respondent, argued that the agreement was not in the best interests of the employees. The nature of the dispute was whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 for the approval of enterprise agreements. The Fair Work Commission, presided over by Commissioner R H McDougall, was tasked with determining the merits of the application.

The court had to decide whether the agreement complied with the statutory requirements for approval, including provisions related to minimum wages, penalty rates, and other employment conditions. The central legal issues included whether the proposed agreement provided fair and reasonable terms for employees, whether it met the "better off overall test", and whether it adhered to the "no disadvantage test". The court also needed to ensure that the agreement did not undermine the protection of employees' rights and interests.

Commissioner McDougall determined that the agreement met the statutory requirements for approval. The Commissioner found that the proposed agreement provided fair and reasonable terms for employees, met the "better off overall test", and did not disadvantage any employee. The Commissioner also found that the agreement did not undermine the protection of employees' rights and interests. The court concluded that the application should be approved, and the Menzies Aviation Matraville Operations and the TWU of Australia Enterprise Agreement 2015 were approved. The final orders included the approval of the agreement and the publication of the decision in the Commonwealth Gazette.

Menzies Aviation (Australia) Pty Ltd

DECISION

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