DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ZIP Airport Services Pty Ltd
(AG2015/6136)

ZIP AIRPORT SERVICES PTY LTD - PERTH AIRPORT ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROE	PERTH, 19 NOVEMBER 2015

Application for approval of the ZIP Airport Services Pty Ltd - Perth Airport Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ZIP Airport Services Pty Ltd – Perth Airport Enterprise Agreement 2015 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 19 November 2015 and, in accordance with s.54, will operate from 26 November 2015. The nominal expiry date of the Agreement is 30 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, ZIP Airport Services Pty Ltd, sought approval of the ZIP Airport Services Pty Ltd - Perth Airport Enterprise Agreement 2015. The applicant, a company providing ground services at Perth Airport, and the respondent, a trade union representing certain employees, had negotiated the agreement. The union sought to have the agreement approved by the Commission, while the applicant opposed the application on various grounds, including that the agreement did not meet the requirements of the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement was a "good faith" agreement, as required by the Act, and whether it met the other statutory requirements for approval. Specifically, the applicant argued that the agreement did not fairly and accurately represent the terms and conditions of employment of the employees covered by the agreement. The applicant also contended that the agreement did not provide for adequate consultation and information-sharing processes.

After considering the evidence and submissions from both parties, the Commission found that the agreement was a good faith agreement and met the statutory requirements for approval. The Commission rejected the applicant's arguments that the agreement did not fairly and accurately represent the terms and conditions of employment of the employees, and that it did not provide for adequate consultation and information-sharing processes. The Commission held that the agreement was an appropriate and fair document, and approved the application for the agreement to be registered.

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