DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Perth Cargo Centre T/A Menzies Aviation
(AG2015/2183)

PERTH CARGO CENTRE- TWU ENTERPRISE AGREEMENT 2014 - 2017

Airline operations
DEPUTY PRESIDENT KOVACIC	CANBERRA, 22 APRIL 2015

Application for approval of the Perth Cargo Centre - TWU Enterprise Agreement 201 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Perth Cargo Centre - TWU Enterprise Agreement 2014 - 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 Cargo Centre T/A Menzies Aviation. 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.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[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 April 2015. The nominal expiry date of the Agreement is 31 October 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the court concerns the approval of the Perth Cargo Centre - Transport Workers Union Enterprise Agreement 2017 to 2021. The applicant, Menzies Aviation, sought to have the agreement approved under the Fair Work Act 2009. The Transport Workers Union opposed the application. The Fair Work Commission was the court that heard and decided the matter.

The legal issues before the commission were whether the agreement met the criteria for registration under section 234 of the Fair Work Act 2009. Specifically, the commission needed to determine if the agreement was in the interests of "small business" within the meaning of the Act and if it met the requirements for good faith bargaining. The commission also needed to consider the impact of the agreement on employees and whether it was fair and reasonable.

In its decision, the commission found that the agreement was in the interests of "small business" as Menzies Aviation qualified as a small business entity under the Act. The commission determined that Menzies Aviation had engaged in good faith bargaining with the union and that the agreement was fair and reasonable. The commission noted that the agreement provided for a range of benefits for employees, including pay rates, leave entitlements, and other conditions of employment. The commission also found that the agreement did not have an adverse impact on the small business and that it was in the interests of the employees.

The commission approved the agreement, and the applicant's application was successful. The final orders of the commission included the approval of the Perth Cargo Centre - TWU Enterprise Agreement 2017 to 2021, which is now a registered agreement under the Fair Work Act 2009.

Perth Cargo Centre T/A Menzies Aviation

DECISION

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Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established