Wagners Corporation Personnel Pty Ltd

[2022] FWCA 1690

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wagners Corporation Personnel Pty Ltd

(AG2022/1140)

Brisbane West Wellcamp Airport Enterprise Agreement 2022

Airport operations
COMMISSIONER SIMPSON	BRISBANE, 24 MAY 2022

Application for approval of the Brisbane West Wellcamp Airport Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Brisbane West Wellcamp Airport Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wagners Corporation Personnel Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 1.5(b) of the Agreement, 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 Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Wagners Corporation Personnel Pty Ltd applied for approval of the Brisbane West Wellcamp Airport Enterprise Agreement 2022. The agreement was to apply to airport staff employed by Wagners and covered matters including wages, conditions, and dispute resolution procedures. The application was brought under the Fair Work Act 2009, which provides for the registration and approval of enterprise agreements that promote high levels of enterprise bargaining.

The central issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to determine whether the agreement was genuinely negotiated, whether it complied with the safety net provisions of the Act, and whether it met other legislative criteria. The applicant argued that the agreement was the product of genuine negotiation and satisfied all statutory requirements. There were no objections to the application.

After examining the evidence, the Commission found that the agreement was genuinely negotiated and met all the statutory criteria. The Commission noted the presence of detailed records of negotiation processes and the involvement of independent experts in the development of the agreement. The Commission was satisfied that the agreement provided for wages and conditions that were at least as favourable as the relevant industrial awards or safety net provisions, and that it contained adequate dispute resolution mechanisms. Consequently, the Commission approved the agreement, which will now apply to the employees covered by its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established