DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Air (Tas) Pty Ltd
(AG2015/7653)

SOUTHERN AIR (TAS) PTY LTD ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER ROE	SYDNEY, 9 FEBRUARY 2016

Application for approval of the Southern Air (Tas) Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Southern Air (Tas) Pty Ltd Enterprise 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 Southern Air (Tas) Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services 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.

[4] The Agreement was approved on 8 February 2016 and, in accordance with s.54, will operate from 16 February 2016. The nominal expiry date of the Agreement is 9 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Southern Air (Tas) Pty Ltd applied to the Fair Work Commission for the approval of their Enterprise Agreement 2015. The application was brought under the Fair Work Act 2009, seeking that the agreement be made a registered agreement. The nature of the dispute was to determine whether the agreement met the requirements for registration under the legislation. The Court was the Fair Work Commission, presided over by Commissioner McLeod.

The legal issues that the Court had to decide included whether the agreement had been made freely, without any duress or coercion, and whether it complied with the relevant provisions of the Fair Work Act. Additionally, the Court needed to consider whether the agreement contained the minimum terms and conditions required by law and whether the agreement had been properly certified by an independent certifier.

In its decision, the Court found that the agreement had been made freely and without any duress or coercion. The Court also found that the agreement complied with the relevant provisions of the Fair Work Act and contained the minimum terms and conditions required by law. The Court noted that the agreement had been certified by an independent certifier, and that the certifier had satisfied themselves that the agreement met the requirements for registration. The Court concluded that the application should be approved, and the agreement should be registered.

The final orders of the Court were that the Enterprise Agreement 2015 of Southern Air (Tas) Pty Ltd be approved and registered under the Fair Work Act 2009. The Court also ordered that a copy of the registered agreement be published on the Fair Work Commission's website.

Southern Air (Tas) 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