DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Menzies Aviation (Ground Services) Australia Pty Ltd
(AG2019/2277)

MENZIES AVIATION (SYDNEY AND MELBOURNE) CUSTOMER SERVICE ENTERPRISE AGREEMENT 2019

Airline operations
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 12 AUGUST 2019

Application for approval of the Menzies Aviation (Sydney and Melbourne) Customer Service Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Menzies Aviation (Sydney and Melbourne) Customer Service Enterprise Agreement 2019 (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 (Ground Services) Australia Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that clauses 31.9, 32.6.2 and 33.12.1 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 30A 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.

[5] The Australian Municipal, Administrative, Clerical and Services Union 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] The Agreement was approved on 12 August 2019 and, in accordance with s.54, will operate from 19 August 2019. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Menzies Aviation (Ground Services) Australia Pty Ltd recently sought approval for the Menzies Aviation (Sydney and Melbourne) Customer Service Enterprise Agreement 2019. The application was made before the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements to ensure they meet the legal requirements set out in the Fair Work Act 2009. The dispute centred on whether the proposed agreement, which sought to alter the terms and conditions of employment for customer service staff in Sydney and Melbourne, complied with the statutory framework for such agreements.

The legal issues before the Commission included whether the agreement adequately protected the interests of employees, whether the agreement contained all the necessary provisions as required by the Fair Work Act, and whether the agreement had been genuinely negotiated between the employer and the employees' representatives. A significant point of contention was the adequacy of the dispute resolution provisions within the agreement. The Commission needed to determine if these provisions provided a fair and effective means for resolving any disputes that might arise between the employer and the employees.

The Fair Work Commission, after thorough examination, concluded that the proposed agreement met the legislative requirements. The Commission found that the agreement had been genuinely negotiated and that it contained all the necessary provisions as required by the Act. While there were some concerns about the dispute resolution mechanisms, the Commission was satisfied that the overall provisions of the agreement were fair and would serve the interests of both the employees and the employer. The Commission ultimately approved the Menzies Aviation (Sydney and Melbourne) Customer Service Enterprise Agreement 2019, allowing it to come into effect as intended.

Menzies Aviation (Ground Services) Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established