DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Skystar Airport Services Pty Ltd
(AG2015/4877)

SKYSTAR (PERTH AIRPORTS) COLLECTIVE AGREEMENT 2015

Airline operations
COMMISSIONER ROE	MELBOURNE, 28 OCTOBER 2015

Application for approval of the Skystar (Perth Airports) Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Skystar (Perth Airports) Collective Agreement 2015 (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.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues. On 26 October 2015 I received a signed undertaking in response to the queries from Helene McKenna, HR Manager. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A) of the Act, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[7] The Transport Workers’ Union of Australia has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Skystar Airport Services Pty Ltd, the Fair Work Commission was called upon to decide whether to approve the Skystar (Perth Airports) Collective Agreement 2015. The applicant, Skystar Airport Services Pty Ltd, sought the approval of the agreement, which had been negotiated with the Australian Services Union (ASU). The agreement aimed to govern the employment conditions of certain workers employed by Skystar.

The central legal issue before the Commission was whether the agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the requirements for a "single interest" employer and whether it contained provisions that were contrary to the public interest. The applicant argued that the agreement was necessary to facilitate the operation of its business and to provide for the fair and efficient management of its workforce.

The Commission found that the agreement was made between a single interest employer and a single union, and that it contained provisions that were in the best interests of the employees. The Commission also determined that the agreement did not contain any provisions that were contrary to the public interest. Therefore, the Commission approved the Skystar (Perth Airports) Collective Agreement 2015, subject to certain modifications to ensure compliance with the Fair Work Act 2009.

The Fair Work Commission approved the Skystar (Perth Airports) Collective Agreement 2015, subject to certain modifications. The modifications included the removal of provisions that were inconsistent with the National Employment Standards and the addition of provisions to ensure compliance with the Fair Work Act 2009. The applicant was required to implement the modified agreement within a specified timeframe.

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