Menzies Aviation (Australia) Pty Ltd Summary

[2014] FWCA 3409

FAIR WORK COMMISSION

DECISION

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

Menzies Aviation (Australia) Pty Ltd
(AG2014/1096)

MENZIES CARGO AND GROUND SERVICES ENTERPRISE AGREEMENT 2013

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 22 MAY 2014

Application for approval of the Menzies Cargo and Ground Services Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Menzies Cargo and Ground Services Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Menzies Aviation (Australia) Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 12 May 2014. The application included a Statutory Declaration of Kogilan Moodley made on behalf of the Employer and dated 5 May 2014, (the Declaration). The Declaration stated that the Agreement was made on 28 April 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 22 May 2014. I note that the file has included a Statutory Declaration of Luke Maroney made on behalf of the Transport Workers’ Union of Australia (the TWU), as an employee organisation in relation to the application.

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

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The TWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the TWU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 29 May 2014. The nominal expiry date of the Agreement as specified in clause 3.2 of the Agreement, is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Menzies Aviation (Australia) Pty Ltd recently appeared before the Fair Work Commission to seek approval of the Menzies Cargo and Ground Services Enterprise Agreement 2013. This agreement pertains to Menzies' employees who are involved in cargo handling and ground services. The Commission was tasked with determining whether the proposed agreement was in the best interests of the employees and met the requirements of the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement adequately protected employees' rights, provided fair remuneration and conditions, and complied with the statutory standards set out in the Fair Work Act. Additionally, the Commission had to assess whether the agreement was negotiated in good faith and whether it provided appropriate mechanisms for dispute resolution.

In its decision, the Commission examined the content of the proposed agreement in detail. It found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, leave, and other entitlements. The Commission also considered the process of negotiation and concluded that the agreement was the product of good faith bargaining. The Commission determined that the proposed agreement met the statutory requirements and was in the best interests of the employees. Consequently, the Commission approved the Menzies Cargo and Ground Services Enterprise Agreement 2013.

The Fair Work Commission's approval of the agreement signifies a commitment to balancing the interests of Menzies Aviation, its employees, and the broader regulatory framework. By ensuring the agreement complies with the Fair Work Act, the Commission aims to maintain a fair and equitable industrial relations environment in Australia.

Menzies Aviation (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established