DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Skystar Airport Services Pty Ltd
(AG2016/4141)

SKYSTAR AIRPORT SERVICES NORTH WEST OPERATIONS COLLECTIVE AGREEMENT 2016

Airline operations
COMMISSIONER LEE	MELBOURNE, 19 SEPTEMBER 2016

Application for approval of the Skystar Airport Services North West Operations Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Skystar Airport Services North West Operations Collective Agreement 2016 (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 Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2016. The nominal expiry date of the Agreement is 25 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Skystar Airport Services Pty Ltd applied to the Fair Work Commission for approval of the Skystar Airport Services North West Operations Collective Agreement 2016. The respondent, the Transport Workers Union of Australia, raised objections to the application on various grounds. The dispute was heard and determined in the Fair Work Commission.

The primary legal issue before the Commission was whether the collective agreement was consistent with the requirements of the Fair Work Act 2009. The respondent contended that the agreement contained provisions that were not compliant with the Act, specifically regarding the classification of employees and the terms of their employment. The employer, Skystar Airport Services, argued that the agreement was fair and reasonable, and that any concerns raised by the respondent were either without merit or could be resolved through negotiation.

The Fair Work Commission examined the provisions of the collective agreement and the relevant provisions of the Fair Work Act. The Commission found that while some of the respondent's objections were valid, others were not. In particular, the Commission found that certain provisions of the agreement were inconsistent with the Act, but that these could be rectified through minor amendments. The Commission approved the agreement, subject to the proposed amendments being made. The employer was directed to implement the necessary changes within a specified timeframe.

The Fair Work Commission approved the Skystar Airport Services North West Operations Collective Agreement 2016, subject to the proposed amendments being made. The employer was directed to implement the necessary changes within a specified timeframe. The Commission found that, once amended, the agreement was consistent with the requirements of the Fair Work Act and was fair and reasonable. The respondent's objections were largely dismissed, and the employer was permitted to proceed with the implementation of the agreement.

Skystar Airport Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established