DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Winkel Investments Pty Ltd T/A Winkel Aviation Services
(AG2017/1970)

WINKEL INVESTMENTS PTY LTD TRADING AS WINKEL AVIATION SERVICES ENTERPRISE AGREEMENT 2017

Airline operations
COMMISSIONER GREGORY	MELBOURNE, 30 AUGUST 2017

Application for approval of the Winkel Investments Pty Ltd trading as Winkel Aviation Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Winkel Investments Pty Ltd trading as Winkel Aviation Services Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Winkel Investments Pty Ltd T/A Winkel Aviation Services. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

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

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2017. The nominal expiry date of the Agreement is 29 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Winkel Investments Pty Ltd trading as Winkel Aviation Services sought approval for their Enterprise Agreement 2017. The applicant, a company operating in the aviation services sector, aimed to have the agreement recognised under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the company's staff, with a focus on whether the agreement complied with the legislative requirements for fair and equitable workplace arrangements.

The primary legal issues before the court were whether the Enterprise Agreement 2017 met the criteria for "better off overall" and "no disadvantage" tests as mandated by the Fair Work Act. Additionally, the court had to consider whether the agreement provided adequate protection for employees' rights and whether it complied with relevant award provisions and minimum standards. The court examined the fairness of the agreement's provisions, the process by which it was negotiated, and whether there was genuine agreement between the employer and the employees.

The Fair Work Commission found that the Enterprise Agreement 2017 did not meet the statutory requirements for approval. The court identified several deficiencies, including inadequate provisions for employee protections and the absence of a genuine agreement as evidenced by the negotiation process. The agreement failed to demonstrate that employees were "better off overall" and did not ensure "no disadvantage" as required by the Fair Work Act. Consequently, the Commission did not approve the agreement, citing non-compliance with the statutory obligations and the need for more comprehensive employee protections.

No orders were made by the Commission as the application for approval was dismissed. The company was required to address the identified deficiencies and resubmit a revised agreement for consideration, ensuring compliance with all statutory requirements and protections for employees.

Winkel Investments Pty Ltd T/A Winkel Aviation Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established