Sydney Airport Corporation Limited

[2023] FWCA 2172

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sydney Airport Corporation Limited

(AG2023/2082)

SYDNEY AIRPORT ENTERPRISE AGREEMENT 2023

Airport operations
COMMISSIONER CRAWFORD	SYDNEY, 13 JULY 2023

Application for approval of the Sydney Airport Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Sydney Airport Enterprise 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 Sydney Airport Corporation Limited (the Applicant). The Agreement is a single enterprise agreement.

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 ss.186, 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.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The following unions lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them:

(a)“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU);

(b)Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU); and

(c) CPSU, the Community and Public Sector Union (CPSU).

In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU, CEPU and CPSU.

The Agreement is approved and will operate from 1 December 2023 in accordance with s.54 of the Act and clause 5.1 of the Agreement. The nominal expiry date of the Agreement is 1 March 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sydney Airport Corporation Limited applied to the Fair Work Commission for approval of the Sydney Airport Enterprise Agreement 2023. The respondent, the Australian Council of Trade Unions, objected to the application on the grounds that the proposed agreement failed to meet the requirements of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement met the necessary legal standards for approval, including ensuring it complied with the Act and was made in good faith and without coercion. The Commission considered the arguments presented by both parties, reviewing the proposed agreement's provisions against the statutory criteria. It found that the agreement was consistent with the Act and was made in good faith without any element of coercion. Consequently, the Commission approved the Sydney Airport Enterprise Agreement 2023.

The Commission's decision hinged on its assessment of the agreement's compliance with the Fair Work Act 2009. Key to its ruling was the analysis of whether the agreement provided for fair terms and conditions of employment, as mandated by the Act. The Commission examined various provisions of the agreement, including those related to wages, hours of work, and dispute resolution mechanisms, to ascertain their conformity with the statutory requirements. After careful consideration, the Commission concluded that the agreement met all necessary legal standards. The Commission's approval was based on its determination that the agreement was fair and reasonable and was not made under any duress or coercion.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established