Skystar Airport Services Pty Ltd
[2024] FWCA 589
•13 FEBRUARY 2024
| [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.
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