Skystar Airport Services Pty Ltd

[2024] FWCA 589

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Skystar Airport Services Pty Ltd

(AG2023/5357)

SKYSTAR AIRPORT SERVICES NORTHWEST AIRPORT OPERATIONS COLLECTIVE AGREEMENT 2023

Airline operations
DEPUTY PRESIDENT O’KEEFFE	PERTH, 13 FEBRUARY 2024

Application for approval of the Skystar Airport Services Northwest Airport Operations Collective Agreement 2023

An application has been made for approval of an enterprise agreement known as the Skystar Airport Services Northwest Airport Operations Collective Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Skystar Airport Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 28 February 2023 and the Agreement was made on 13 December 2023. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023[1].

The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT.

The Applicant has provided written undertakings. 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 requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2024. The nominal expiry date of the Agreement is 31 December 2026.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Skystar Airport Services Pty Ltd sought approval of the Skystar Airport Services Northwest Airport Operations Collective Agreement 2023 under the Fair Work Act 2009. The applicant, an employer, and the respondents, trade unions representing employees, had entered into the agreement, which regulated employment terms and conditions at Northwest Airport. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval, including that it provided for minimum terms and conditions and did not unfairly discriminate against employees.

The central legal issue was whether the agreement complied with the statutory requirements set out in the Fair Work Act. Specifically, the court needed to assess whether the agreement provided for minimum terms and conditions and did not unfairly discriminate against any class of employee. This involved scrutinising the provisions of the agreement against the legislative benchmarks and considering submissions from both the applicant and the respondents.

The Commission found that the agreement met all the statutory requirements for approval. It concluded that the agreement provided for minimum terms and conditions, including wages, leave entitlements, and other essential employment terms. The Commission also found that the agreement did not unfairly discriminate against any class of employee, as it applied equally to all employees within the specified scope. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Skystar Airport Services Northwest Airport Operations Collective Agreement 2023, confirming its compliance with the Fair Work Act. This decision validated the terms and conditions set out in the agreement, which would govern the employment of staff at Northwest Airport. The approval marked the formal recognition of the negotiated terms between the employer and the unions, ensuring that the agreement would be enforceable under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established