Menzies Aviation Cairns Pty Ltd T/A Menzies Aviation

[2022] FWCA 3276

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Menzies Aviation Cairns Pty Ltd T/A Menzies Aviation

(AG2022/3591)

Menzies Aviation Cairns Ramp & TWU Enterprise Agreement 2022

Airport operations
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 SEPTEMBER 2022

Application for approval of the Menzies Aviation Cairns Ramp & TWU Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Menzies Aviation Cairns Ramp & TWU Enterprise Agreement 2022 (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 Cairns Pty Ltd T/A Menzies Aviation. The Agreement is a single enterprise agreement.

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

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2022. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Menzies Aviation Cairns Pty Ltd, trading as Menzies Aviation, sought approval for the Menzies Aviation Cairns Ramp & TWU Enterprise Agreement 2022 from the Australian Industrial Relations Commission. The Transport Workers Union of Australia, acting on behalf of certain employees, had entered into an enterprise agreement with Menzies Aviation Cairns. The agreement aimed to regulate the terms and conditions of employment for those employees. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the Menzies Aviation Cairns Ramp & TWU Enterprise Agreement 2022 complied with the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement had been made in good faith and whether it provided for the compulsory resolution of all existing and future disputes between the parties. The Commission also had to consider whether the agreement met the requirements for a "simple" enterprise agreement, given that Menzies Aviation Cairns is a small business.

After reviewing the agreement and the submissions from both Menzies Aviation Cairns and the Transport Workers Union of Australia, the Commission determined that the Menzies Aviation Cairns Ramp & TWU Enterprise Agreement 2022 met the criteria for approval. The Commission found that the agreement had been made in good faith and provided for the compulsory resolution of all existing and future disputes between the parties. Furthermore, the agreement met the requirements for a "simple" enterprise agreement, as Menzies Aviation Cairns is a small business. The Commission approved the agreement, which will now govern the terms and conditions of employment for the employees covered by the agreement.

The Commission's final orders included the approval of the Menzies Aviation Cairns Ramp & TWU Enterprise Agreement 2022, effective from the date of the Commission's decision. The agreement will now be registered with the Fair Work Commission and will apply to the employees covered by the agreement. Both Menzies Aviation Cairns and the Transport Workers Union of Australia were bound by the terms and conditions set out in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established