ZIP Airport Services Pty Ltd

[2016] FWCA 2686

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ZIP Airport Services Pty Ltd

(AG2016/578)

ZIP AIRPORT SERVICES PTY LTD TRANSPORT WORKERS UNION

– MELBOURNE AIRPORT ENTERPRISE AGREEMENT 2016

Road transport industry

COMMISSIONER GREGORY

MELBOURNE, 29 APRIL 2016

Application for approval of the ZIP Airport Services Pty Ltd Transport Workers Union –

Melbourne Airport Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

ZIP Airport Services Pty Ltd Transport Workers Union – Melbourne Airport 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] 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.

[4] 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.
[2016] FWCA 2686

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

6 May 2016. The nominal expiry date of the Agreement is 31 March 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 Transport Workers Union – Melbourne Airport Enterprise Agreement 2016 (the Agreement) under section 185 of the Fair Work Act 2009. The application was made by ZIP Airport Services Pty Ltd, which sought to have the agreement approved as a single enterprise agreement. The Transport Workers’ Union of Australia, which was a bargaining representative for the Agreement, gave notice under section 183 of the Act that it wanted the Agreement to cover it. In accordance with section 201(2) of the Act, the Agreement was noted to cover the organisation.

The legal issues before the court were whether each of the requirements of sections 186, 187, and 188, as they were relevant to the application for approval, had been met. Additionally, it was necessary to determine whether the model consultation term prescribed by the Fair Work Regulations 2009 was to be taken as a term of the Agreement, pursuant to section 205(2) of the Act.

The court was satisfied that each of the requirements of sections 186, 187, and 188, as they were relevant to the application for approval, had been met. It was also determined that the model consultation term prescribed by the Fair Work Regulations 2009 was to be taken as a term of the Agreement, pursuant to section 205(2) of the Act. The court noted that the Transport Workers’ Union of Australia, as a bargaining representative for the Agreement, had given notice under section 183 of the Act that it wanted the Agreement to cover it. In accordance with section 201(2) of the Act, the Agreement was noted to cover the organisation.

The Agreement was approved and, in accordance with section 54 of the Act, would operate from 6 May 2016. The nominal expiry date of the Agreement was 31 March 2019.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established