DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Menzies Aviation (Australia) Pty Ltd T/A Menzies Aviation
(AG2017/5199)

MENZIES AVIATION MATRAVILLE OPERATIONS AND THE TWU OF AUSTRALIA ENTERPRISE AGREEMENT 2017

Airline operations
COMMISSIONER MCKINNON	MELBOURNE, 17 MAY 2018

Application for approval of the Menzies Aviation Matraville Operations and the TWU of Australia Enterprise Agreement 2017.

[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 2017 (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 Applicant 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.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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 May 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Menzies Aviation (Australia) Pty Ltd, trading as Menzies Aviation, sought approval from the Fair Work Commission for the Menzies Aviation Matraville Operations and the TWU of Australia Enterprise Agreement 2017. The Transport Workers Union of Australia opposed the application, raising concerns about the fairness and effectiveness of the proposed agreement. The primary legal issue before the Commission was whether the enterprise agreement met the requirements of the Fair Work Act 2009, particularly in terms of procedural fairness and the absence of prohibited content.

The Commission examined whether the agreement had been negotiated in good faith and if it contained any provisions that were contrary to public policy or not genuinely intended to be part of the agreement. The Transport Workers Union argued that certain clauses in the agreement, particularly those concerning penalty rates and the classification of employees, were unfair and not genuinely bargained for. The Commission assessed the evidence and submissions from both parties, considering the principles of procedural fairness and the overall content of the agreement.

The Fair Work Commission found that while some concerns raised by the union were valid, the overall agreement was not significantly flawed. The Commission concluded that the Menzies Aviation Matraville Operations and the TWU of Australia Enterprise Agreement 2017 met the necessary standards under the Fair Work Act. The application was approved, subject to certain modifications to address the identified issues of concern.

The final orders included the approval of the enterprise agreement with specified amendments to address the union's concerns regarding penalty rates and employee classification. The agreement was to be implemented with these modifications to ensure compliance with the Fair Work Act.

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