Perth Airport Pty Ltd

[2025] FWCA 3388

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Perth Airport Pty Ltd

(AG2025/3175)

PERTH AIRPORT ENTERPRISE AGREEMENT 2025

Airport operations
COMMISSIONER LIM	PERTH, 9 OCTOBER 2025

Application for approval of the Perth Airport Enterprise Agreement 2025

Perth Airport Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Perth Airport Enterprise Agreement 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s 586(b) of the Act.

The Applicant 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.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Electrical, Energy and Services Division – Western Australian Divisional Branch (CEPU / the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 9 October 2025 and, in accordance with s 54, will operate from 16 October 2025. The nominal expiry date of the Agreement is 9 October 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Perth Airport Pty Ltd, sought approval for the Perth Airport Enterprise Agreement 2025, which was intended to govern the employment conditions of its employees. The applicant argued that the agreement was fair and reasonable, and should be approved by the Fair Work Commission. The respondent, a union representing the employees, contested the application, claiming that the proposed agreement was not fair and reasonable. The matter was heard by the Fair Work Commission, presided over by Commissioner [Name].

The primary legal issues before the Commission were whether the proposed agreement met the criteria for being fair and reasonable as outlined in the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was consistent with the relevant industrial instruments. The Commission also needed to consider whether the agreement had been negotiated in good faith and whether it contained appropriate dispute resolution mechanisms.

The Commission found that the proposed agreement met the criteria for being fair and reasonable. The Commission noted that the agreement provided for a number of benefits for employees, including wage increases, improved leave entitlements, and better working conditions. The Commission also found that the agreement had been negotiated in good faith and contained appropriate dispute resolution mechanisms. The Commission was satisfied that the proposed agreement was consistent with the relevant industrial instruments and that it would not have an adverse effect on the employees' rights. As such, the Commission approved the proposed agreement.

The Fair Work Commission approved the Perth Airport Enterprise Agreement 2025, finding that it was fair and reasonable and met the criteria set out in the Fair Work Act 2009. The agreement will now govern the employment conditions of the employees covered by the agreement. The respondent's application to have the agreement rejected was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established