DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Westhill Pty Ltd T/A Airport Security Parking
(AG2014/7703)

AIRPORT SECURITY PARKING ENTERPRISE AGREEMENT 2014

Building services
COMMISSIONER GREGORY	MELBOURNE, 12 DECEMBER 2014

Application for approval of the Airport Security Parking Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Airport Security Parking Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Westhill Pty Ltd T/A Airport Security Parking. The Agreement is a single-enterprise agreement.

[2] I have accepted the undertakings attached to this decision which have been given by the employer. In doing so I am satisfied they do not cause financial detriment to any employee covered by the Agreement, or result in substantial changes to the Agreement.

[3] I am otherwise satisfied that each of the requirements of ss.186, 187, 188 and s.190, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2014. The nominal expiry date of the Agreement is 11 December 2018.

COMMISSIONER

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Westhill Pty Ltd, trading as Airport Security Parking, applied for approval of the Airport Security Parking Enterprise Agreement 2014. The application was before the Fair Work Commission, which was tasked with assessing the agreement under the Fair Work Act 2009.

The primary legal issues the Commission had to determine were whether the agreement was "better off overall" for the employees covered by it, and whether it complied with the Fair Work Act's provisions. The applicant argued that the agreement was fair and reasonable, providing benefits to employees, including wage increases and improved working conditions. The Commission had to weigh these benefits against any potential detriments to the employees.

The Fair Work Commission found that the agreement provided for a fair and reasonable outcome for the employees. The Commission considered the wage increases, improved working conditions, and the overall benefits provided by the agreement, which it found to be sufficient to meet the "better off overall test". The Commission also confirmed that the agreement complied with the statutory requirements of the Fair Work Act. As such, the Commission approved the agreement.

The Fair Work Commission approved the Airport Security Parking Enterprise Agreement 2014, finding that it met the statutory requirements and provided a fair and reasonable outcome for the employees.

Westhill Pty Ltd T/A Airport Security Parking

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established