| [2017] FWCA 4363 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Perth Airport Pty Ltd T/A Perth Airport
(AG2017/2672)
Perth Airport Enterprise Agreement 2017
| Airport operations | |
| Commissioner McKinnon | MELBOURNE, 22 AUGUST 2017 |
Application for approval of the Perth Airport Enterprise Agreement 2017.
An application has been made for approval of an enterprise agreement known as the Perth Airport Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Perth Airport Pty Ltd T/A Perth Airport. The Agreement is a single enterprise agreement.
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.
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.
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, United Voice and Community and Public Sector Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2017. The nominal expiry date of the Agreement is 30 June 2021.
COMMISSIONER
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Annexure A
- AGLC
- Perth Airport Pty Ltd T/A Perth Airport [2017] FWCA 4363
- Case
- [2017] FWCA 4363
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission included whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly concerning the process by which it was negotiated and whether it was procedurally fair. Additionally, the Commission needed to consider whether the terms and conditions of the agreement were fair and reasonable, taking into account various economic and social factors. The Commission also examined whether the agreement adequately provided for the protection of employees' rights and interests.
In delivering its decision, the Fair Work Commission considered the evidence presented by the parties and the relevant legal principles. The Commission found that the agreement had been negotiated in good faith and that the process complied with the procedural requirements of the Act. Furthermore, the Commission determined that the terms and conditions of the agreement were fair and reasonable, considering the economic and social context. The Commission concluded that the agreement provided adequate protection for employees' rights and interests, thereby meeting the criteria for approval under the Fair Work Act 2009.
The Fair Work Commission approved the Perth Airport Enterprise Agreement 2017, confirming its compliance with the relevant industrial laws and its fairness towards employees. The decision was based on the evidence and legal principles that the agreement was negotiated in good faith, complied with procedural requirements, and provided fair and reasonable terms and conditions.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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