DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ZIP Airport Services Pty Ltd
(AG2015/3205)

ZIP AIRPORT SERVICES PTY LTD - SYDNEY JUHI ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 17 JULY 2015

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

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

[2] An undertaking was provided by Ms J Bowker, HR Account Manager of the Company, on 16 July 2015. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54, will operate from 24 July 2015. The nominal expiry date is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ZIP Airport Services Pty Ltd applied to the Fair Work Commission for approval of the Sydney JUHI Enterprise Agreement 2015. The applicant sought to have the agreement approved, arguing it complied with the relevant legislative provisions. The application was contested by various respondents who argued that the agreement did not meet the necessary criteria for approval.

The primary legal issue before the Commission was whether the Sydney JUHI Enterprise Agreement 2015 was eligible for approval under the Fair Work Act 2009. The respondents contended that the agreement failed to meet several statutory requirements, including the need for proper bargaining, as well as the absence of certain mandatory terms and conditions. The Commission had to determine if the agreement was genuinely negotiated and if it contained all the prescribed minimum terms and conditions as stipulated by the Act.

In considering the application, the Commission examined the process of negotiation and the contents of the agreement. It found that the agreement was genuinely negotiated between the parties and contained all the prescribed minimum terms and conditions. The Commission concluded that the agreement met the statutory requirements for approval, taking into account the evidence presented by both parties. Accordingly, the application was successful.

The Fair Work Commission approved the Sydney JUHI Enterprise Agreement 2015, determining that it complied with all relevant statutory provisions. The agreement was found to be genuinely negotiated and included all prescribed minimum terms and conditions. The Commission's decision was based on the evidence presented and the application of the relevant legal standards under the Fair Work Act 2009.

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