DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney Airport Corporation Limited
(AG2017/3730)

SYDNEY AIRPORT ENTERPRISE AGREEMENT 2017

Airport operations
COMMISSIONER JOHNS	SYDNEY, 20 OCTOBER 2017

Application for approval of the Sydney Airport Enterprise Agreement 2017.

[1] On 23 August 2017 Sydney Airport Corporation Limited (Applicant) made an application for approval of the Sydney Airport Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the CPSU, the Community and Public Sector Union, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 27 October 2017. The nominal expiry date of the Agreement is 20 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sydney Airport Corporation Limited applied for approval of the Sydney Airport Enterprise Agreement 2017. The application was made to the Fair Work Commission. The agreement related to various employees within Sydney Airport, including pilots, ground staff, and administrative personnel, and sought to regulate their working conditions, wages, and other employment terms.

The primary legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly whether it provided for fair and reasonable terms, and whether it complied with the procedural requirements for enterprise agreements. The Commission also considered whether the agreement had been genuinely negotiated and if it provided for the resolution of future disputes.

The Fair Work Commission found that the Sydney Airport Enterprise Agreement 2017 was fair and reasonable in all its terms. The Commission was satisfied that the agreement had been genuinely negotiated and that it provided appropriate mechanisms for the resolution of future disputes. The Commission also determined that the procedural requirements of the Fair Work Act had been met. Consequently, the application for approval was granted, and the agreement was registered.

No further orders were made by the Commission beyond the approval and registration of the agreement.

Sydney Airport Corporation Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established