DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

ZIP Airport Services Pty Ltd
(AG2016/2110)

ZIP AIRPORT SERVICES PTY LTD - BRISBANE AIRPORT ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 25 JANUARY 2016

Application for approval of the ZIP Airport Services Pty Ltd - Brisbane Airport Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the ZIP Airport Services Pty Ltd - Brisbane 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] A written undertaking has been provided in relation to the public holidays clause.The undertaking has been provided by the employer and is attached to the Agreement. In accordance with s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, 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 7 days after the agreement is approved, that is, 1 February 2016. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, ZIP Airport Services Pty Ltd sought approval of the Brisbane Airport Enterprise Agreement 2016. The applicant, a ground services provider at Brisbane Airport, had negotiated the agreement with unions representing its employees. The unions, in turn, sought approval of the agreement, which they submitted contained appropriate terms and conditions of employment. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement was a "bargaining agreement" under section 232 of the Fair Work Act. To qualify, the agreement must have been "bargained for in good faith", "made in writing", and "not been made in contravention of the Act". The Commission also considered whether the agreement met the "better off overall test" under section 179 of the Fair Work Act, which requires that employees be no worse off financially than they would be under the applicable award or registered agreement.

The Commission found that the agreement was a genuine product of bargaining in good faith, was in writing, and did not contravene the Fair Work Act. It was also satisfied that the agreement met the better off overall test. The Commission noted that the agreement provided employees with improved conditions, including higher wages, better leave entitlements, and enhanced job security provisions. While acknowledging some concerns raised by the unions, the Commission determined that the overall benefits to employees outweighed any potential detriments.

The Commission approved the Brisbane Airport Enterprise Agreement 2016, effective from 1 March 2016. The agreement is to be registered with the Fair Work Commission and will apply to employees of ZIP Airport Services Pty Ltd who are party to the agreement. The approval ensures that the terms and conditions of employment are legally binding and enforceable.

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