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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Transport Workers Union of Australia, Perth Cargo Centre T/A Menzies Aviation, the Fair Work Commission was presented with an application for the approval of a proposed enterprise agreement. The Transport Workers Union sought the Commission’s approval of the agreement between Menzies Aviation and its employees at the Perth Cargo Centre, effective from 1 July 2019. The agreement in question included provisions relating to wages, working conditions, and other employment terms.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for minimum entitlements, had a dispute resolution procedure, and was otherwise in compliance with the provisions of the Act. Additionally, the Commission examined whether the agreement had been made genuinely and in good faith, and whether it met the standard of being a fair and reasonable agreement.

After reviewing the submissions and evidence from both parties, the Commission found that the agreement met the necessary criteria for approval. The Commission was satisfied that the agreement provided for minimum entitlements, included a dispute resolution procedure, and was in compliance with the Act. Furthermore, the Commission determined that the agreement had been made genuinely and in good faith, and was fair and reasonable. Consequently, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the Perth Cargo Centre T/A Menzies Aviation Enterprise Agreement 2019, effective from 1 July 2019. The Commission found that the agreement met the requirements for approval under the Fair Work Act 2009 and was fair and reasonable. The approved agreement will govern the employment terms and conditions of Menzies Aviation employees at the Perth Cargo Centre.

Perth Cargo Centre T/A Menzies Aviation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established