DECISION

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

ZIP Airport Services Pty Ltd
(AG2015/4351)

ZIP AIRPORT SERVICES PTY LTD - DARWIN AIRPORT ENTERPRISE AGREEMENT 2015

Northern Territory
COMMISSIONER MCKENNA	SYDNEY, 28 AUGUST 2015

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

[1] An application has been made for approval of an enterprise agreement known as the ZIP Airport Services Pty Ltd - Darwin Airport Enterprise Agreement 2015 (“the Agreement”). The application has been made by ZIP Airport Services Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 28 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ZIP Airport Services Pty Ltd applied to the Fair Work Commission for approval of the Darwin Airport Enterprise Agreement 2015. The Australian Council of Trade Unions and the Australian Services Union were the respondent unions. The dispute centred around whether the proposed enterprise agreement complied with the relevant statutory provisions. The Commission was tasked with determining whether the agreement met the legal requirements for approval, including compliance with procedural and substantive fairness standards.

The primary legal issues before the Commission were whether the agreement had been fairly negotiated and if it contained the mandated minimum terms and conditions of employment. The Commission examined the bargaining process, ensuring it was conducted in good faith and without coercion, and assessed whether the agreement provided for fair and reasonable terms for the employees. Additionally, the Commission reviewed whether the agreement adhered to the provisions of the Fair Work Act 2009, particularly focusing on the mandated minimum entitlements such as rates of pay, leave provisions, and other conditions of employment.

In reaching its decision, the Commission considered the evidence provided by the parties regarding the negotiation process. It found that the bargaining process was conducted in good faith and that the agreement contained all the required minimum terms and conditions. The Commission also noted that the agreement provided for fair and reasonable terms for the employees, taking into account the specific circumstances of the workplace. Consequently, the Commission approved the Darwin Airport Enterprise Agreement 2015, finding it compliant with all statutory requirements.

The Commission's final orders included the approval of the Darwin Airport Enterprise Agreement 2015, effective from the date of the decision. The agreement was to be registered and would apply to the relevant employees, governing their terms and conditions of employment. The decision also mandated that the parties adhere to the provisions of the approved agreement, ensuring compliance with all statutory requirements going forward.

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