Perth Cargo Centre T/A Menzies Aviation

[2019] FWCA 5837

[2019] FWCA 5837

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Perth Cargo Centre T/A Menzies Aviation
(AG2019/2291)

PERTH CARGO CENTRE - TWU ENTERPRISE AGREEMENT 2019

Airport operations
COMMISSIONER LEE	MELBOURNE, 22 AUGUST 2019

Application for approval of the Perth Cargo Centre - TWU Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Perth Cargo Centre - TWU Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Perth Cargo Centre T/A Menzies Aviation. The Agreement is a single enterprise agreement.

[2] The application lodged with the Fair Work Commission (the Commission) on 28 June 2019 did not include a Form F17 - Employer’s statutory declaration in support of an application for approval of an enterprise agreement (F17) or a copy of the Notice of Employee Representational Rights (Notice). On 1 August 2019, a F17 and Notice were provided to the Commission. This delay in providing the relevant material has resulted in a significant delay approving this application.

[3] The Employer 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.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2019. The nominal expiry date of the Agreement is 31 March 2023.

COMMISSIONER

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Annexure A