ZIP Airport Services Pty Ltd Summary

[2018] FWCA 2213

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

ZIP Airport Services Pty Ltd

(AG2017/5316)

ZIP Airport Services Pty Ltd - Darwin Airport Enterprise Agreement 2017

Road transport industry
Deputy President Gostencnik	MELBOURNE, 18 APRIL 2018

Application for approval of the ZIP Airport Services Pty Ltd - Darwin Airport Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the ZIP Airport Services Pty Ltd - Darwin Airport 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 ZIP Airport Services Pty Ltd. The agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 18 April 2018 and, in accordance with s.54, will operate from 25 April 2018. The nominal expiry date of the Agreement is 28 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ZIP Airport Services Pty Ltd applied to the Fair Work Commission for approval of the Darwin Airport Enterprise Agreement 2017. The application was made by the employer in accordance with section 232 of the Fair Work Act 2009. The applicant, a private airport services provider, and the respondent, the Australian Services Union, had reached an agreement on the terms of employment for workers within the enterprise. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act, particularly with respect to minimum entitlements, procedural fairness, and the overall fairness of the agreement.

The Commission was required to determine whether the agreement was a "better off overall test" (BOOT) agreement, ensuring that employees were not worse off financially or in terms of conditions. Additionally, the court needed to consider whether the agreement was made in good faith and whether the proper procedures were followed in its negotiation and application. The Commission examined the evidence provided by both parties and considered the statutory criteria outlined in the Fair Work Act.

The Fair Work Commission found that the agreement was a BOOT agreement, as it provided employees with benefits that outweighed any losses incurred. The Commission also concluded that the agreement was made in good faith and that the necessary procedures were followed. The Commission approved the Darwin Airport Enterprise Agreement 2017, emphasising the importance of fair and reasonable terms of employment for both employers and employees. The decision provided clarity on the application of the BOOT and good faith requirements, ensuring compliance with the Fair Work Act.

ZIP Airport Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established