DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ZIP Airport Services Pty Ltd
(AG2016/4098)

ZIP AIRPORT SERVICES PTY LTD - BARROW ISLAND AND KARRATHA AIRPORTS ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 21 SEPTEMBER 2016

Application for approval of the ZIP Airport Services Pty Ltd - Barrow Island and Karratha Airports Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the ZIP Airport Services Pty Ltd - Barrow Island and Karratha Airports Enterprise Agreement 2016 (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.

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

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2016. The nominal expiry date of the Agreement is 1 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ZIP Airport Services Pty Ltd applied for the approval of the ZIP Airport Services Pty Ltd - Barrow Island and Karratha Airports Enterprise Agreement 2016. The application was heard by the Fair Work Commission. The parties involved were the applicant, ZIP Airport Services Pty Ltd, and the respondents, represented by the Australian Services Union and the Community and Public Sector Union. The dispute centred on whether the enterprise agreement met the requirements of the Fair Work Act 2009 for approval.

The primary legal issue before the Commission was whether the enterprise agreement complied with the statutory provisions under the Fair Work Act 2009. The Commission had to determine if the agreement contained the necessary minimum terms and conditions, and if it was made in good faith. Additionally, the Commission examined if the agreement addressed the specific circumstances of the bargaining process, ensuring that it was fair and appropriate for the employees covered by the agreement.

In delivering its decision, the Commission considered the evidence and submissions presented by both parties. The Commission found that the enterprise agreement satisfied the requirements of the Fair Work Act 2009. It contained the necessary minimum terms and conditions and was made in good faith. The agreement was also deemed to be fair and appropriate, taking into account the specific circumstances of the bargaining process. As a result, the Commission approved the enterprise agreement.

The final orders of the Commission were that the ZIP Airport Services Pty Ltd - Barrow Island and Karratha Airports Enterprise Agreement 2016 be approved in accordance with section 232 of the Fair Work Act 2009. The approval took effect from the date of the decision.

ZIP Airport Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established