DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Menzies Aviation (Australia) Pty Ltd T/A Menzies Aviation
(AG2018/6500)

MENZIES CARGO AND GROUND SERVICES ENTERPRISE AGREEMENT 2018

Airport operations
COMMISSIONER LEE	SYDNEY, 9 MAY 2019

Application for approval of the Menzies Cargo and Ground Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Menzies Cargo and Ground Services Enterprise Agreement 2018 (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 T/A Menzies Aviation. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 9.1 – Full Time Team Member

• Clause 19.5 – Long Service Leave

However, noting clause 6.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant Menzies Aviation (Australia) Pty Ltd, trading as Menzies Aviation, sought approval of the Menzies Cargo and Ground Services Enterprise Agreement 2018. The Fair Work Commission was tasked with determining whether the agreement should be certified as a lawful enterprise agreement. The primary dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, including whether it contained the necessary minimum terms and conditions and whether it was made in good faith and without coercion. The Commission had to assess the fairness and compliance of the agreement with the legislative framework.

The Fair Work Commission undertook a comprehensive examination of the agreement, focusing on whether it provided for minimum terms and conditions as prescribed by the Fair Work Act. The Commission also evaluated whether the agreement was made in accordance with the principles of good faith bargaining and without any form of coercion. Particular attention was given to the procedural fairness of the agreement, including whether employees had adequate opportunities to be involved in the bargaining process.

After thorough consideration, the Commission concluded that the Menzies Cargo and Ground Services Enterprise Agreement 2018 was compliant with the requirements of the Fair Work Act. The agreement was deemed to include all necessary minimum terms and conditions and was made in good faith without coercion. The Commission found that Menzies Aviation had adhered to procedural fairness, ensuring employees had appropriate opportunities to participate in the bargaining process. Based on these findings, the Commission approved the agreement, certifying it as a lawful enterprise agreement.

The Fair Work Commission certified the Menzies Cargo and Ground Services Enterprise Agreement 2018 as a lawful enterprise agreement, effective from the date of the decision. The decision affirmed the agreement's compliance with the Fair Work Act and recognised Menzies Aviation's adherence to fair bargaining practices. This certification provided legal validity to the agreement, ensuring it would govern the employment terms and conditions of the employees covered by the agreement.

Menzies Aviation (Australia) Pty Ltd T/A Menzies Aviation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established