Network Turbine Solutions Pty Ltd

[2016] FWCA 826

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Network Turbine Solutions Pty Limited T/A Network Aviation Australia

(AG2015/7252)

NETWORK TURBINE SOLUTIONS RAMP SERVICES ENTERPRISE

AGREEMENT 2015

Airline operations

COMMISSIONER ROE

SYDNEY, 9 FEBRUARY 2016

Application for approval of the Network Turbine Solutions Ramp Services Enterprise

Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Network Turbine Solutions Ramp Services Enterprise Agreement 2015 (the Agreement). The

application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made

by Network Turbine Solutions Pty Limited T/A Network Aviation Australia. The Agreement

is a single enterprise agreement.

[2] 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 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.

[3] 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.
[2016] FWCA 826

[4] The Agreement was approved on 9 February 2016 and, in accordance with s.54, will

operate from 16 February 2016. The nominal expiry date of the Agreement is 9 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Network Turbine Solutions Pty Ltd, the Fair Work Commission was asked to approve an enterprise agreement between Network Turbine Solutions Pty Limited, trading as Network Aviation Australia, and its employees involved in ramp services for airline operations. The agreement, referred to as the Network Turbine Solutions Ramp Services Enterprise Agreement 2015, was submitted for approval under section 185 of the Fair Work Act 2009. The Transport Workers’ Union of Australia, which serves as a bargaining representative, indicated its desire for the agreement to cover its members, in line with section 183 of the Act. The key legal issue before the court was whether the application for approval met the criteria set out in sections 186, 187, and 188 of the Fair Work Act, particularly considering that the agreement did not cover all employees of the employer.

Upon reviewing the application, Commissioner Roe determined that all relevant requirements for approval had been satisfied. While the agreement did not encompass all employees, the Commissioner found that the group of employees chosen was fairly selected, taking into account the factors outlined in sections 186(3) and (3A) of the Act. The Commissioner also noted that the agreement covered the organisation as intended by the Transport Workers’ Union of Australia, in accordance with section 201(2). Consequently, the agreement was approved by the Commissioner on 9 February 2016 and was set to take effect from 16 February 2016, with a nominal expiry date of 9 August 2019. This decision ensured that the enterprise agreement would operate within the legal framework established by the Fair Work Act, providing a structured environment for the negotiation and implementation of terms and conditions between Network Turbine Solutions Pty Limited and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established