NTL Ground Handling Pty Limited

[2015] FWCA 4130

[2015] FWCA 4130

FAIR WORK COMMISSION

DECISION

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

NTL Ground Handling Pty Limited
(AG2015/663)

NTL GROUND HANDLING (REGIONAL AIRPORTS) ENTERPRISE AGREEMENT 2014-2018

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 19 JUNE 2015

Application for approval of the NTL Ground Handling (Regional Airports) Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the NTL Ground Handling (Regional Airports) Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The application has been made by NTL Ground Handling Pty Limited (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 24 March 2015. The application included a Statutory Declaration of Ann Maree Jackson made on behalf of the Employer and dated 20 March 2015 (the Declaration). The Declaration stated that the Agreement was made on 11 March 2015. Therefore the application was made within the 14 day lodgement time limit established by subsection 185 (3) (a) of the Act.

[3] The application for approval was listed for Hearing on 27 April 2015, at which time Ms M Doyle appeared for the Employer together with Ms A Jackson. During the proceedings held on 27 April, the Fair Work Commission (the Commission) identified various issues relating to the application including the contents of certain terms contained in the Agreement which required clarification.

[4] Ms Doyle and Ms Jackson provided some important clarifications during the Hearing. The Employer was invited to consider some residual issues raised by the Commission and to respond in writing. The Commission has received correspondence dated 28 May 2015, from Ms Doyle which included further material in support of the application together with Undertakings made by and duly signed by the Employer, and proposed to the Commission pursuant to s.190 of the Act (the Undertakings).

[5] The Commission has received further correspondence dated 5 June 2015, from Ms Doyle which confirmed that the further material in support of the application and the Undertakings have been provided to the bargaining representatives for the Agreement.

[6] Consequently I have further considered the application for approval having regard for the clarifications provided during the Hearing, the further material in support of the application, and the Undertakings.

[7] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have further examined the contents of the Declaration in the context of the clarifications provided during the Hearing and the further material in support of the application. On the basis of this material I am satisfied that the procedural requirements of Part 2-4 of the Act have been met in this instance.

[8] I note that the Agreement contains a flexibility term at clause 9 and a consultation term at clause 6.

[9] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[10] The Agreement as varied by the Undertakings is approved. In accordance with subsection 54 (1) of the Act, the Agreement will operate from 26 June 2015. In accordance with clause 5 of the Agreement the nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Appearances:

Ms M Doyle and Ms A Jackson on behalf of the Employer.

Hearing details:

2015.

Sydney:

April 27.

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