Mungalalu Truscott Airbase Pty Ltd Summary

[2013] FWCA 9106

FAIR WORK COMMISSION

DECISION

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

Mungalalu Truscott Airbase Pty Ltd
(AG2013/10048)

MUNGALALU TRUSCOTT EMPLOYEE COLLECTIVE WORKPLACE AGREEMENT 2013

Airport operations
COMMISSIONER CAMBRIDGE	SYDNEY, 19 NOVEMBER 2013

Application for approval of the Mungalalu Truscott Employee Collective Workplace Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Mungalalu Truscott Employee Collective Workplace 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 Mungalalu Truscott Airbase Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 11 November 2013. The application included a Statutory Declaration of Heather Veal made on behalf of the Employer and dated 11 November 2013 (the Declaration). The Declaration stated that the Agreement was made on 31 October 2013. 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 19 November 2013. I note that the file has included a Statutory Declaration of Elise McLay 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 9 and a consultation term at clause 10.

[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 26 November 2013. The nominal expiry date of the Agreement as specified in clause 11 of the Agreement, is 31 October 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Mungalalu Truscott Airbase Pty Ltd sought approval of the Mungalalu Truscott Employee Collective Workplace Agreement 2013. The applicant, a company involved in airbase operations, aimed to establish a collective agreement that would govern the terms and conditions of employment for its staff. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved the validity and compliance of the proposed agreement. Specifically, the Commission had to determine if the agreement was a genuine bargain, fairly and equitably negotiated between the parties, and if it contained the necessary provisions required by the Act. Additionally, the Commission assessed whether the agreement met the standards for "better off overall" for the employees and if it complied with the provisions concerning modern awards and other legislative instruments.

In its reasoning, the Commission noted that the agreement had been negotiated between the applicant and the relevant union, which represented the employees. The Commission found that the agreement was a genuine bargain, as it was negotiated in good faith and provided for fair terms and conditions of employment. The Commission also concluded that the agreement was better off overall for the employees, taking into account the relevant modern award and other legislative requirements. After careful consideration, the Commission approved the Mungalalu Truscott Employee Collective Workplace Agreement 2013, finding it to be compliant with the necessary legal standards.

The final orders of the Commission were that the Mungalalu Truscott Employee Collective Workplace Agreement 2013 be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees covered by the agreement.

Mungalalu Truscott Airbase Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established