Zip Airport Services Pty Ltd Summary

[2014] FWCA 6728

FAIR WORK COMMISSION

DECISION

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

Zip Airport Services Pty Ltd
(AG2014/6986)

ZIP AIRPORT SERVICES PTY LTD - DARWIN AIRPORT ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER RIORDAN	SYDNEY, 24 SEPTEMBER 2014

Application for approval of the ZIP Airport Services Pty Ltd - Darwin Airport Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the ZIP Airport Services Pty Ltd - Darwin Airport Enterprise Agreement 2014 (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 Applicant). 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 have been met.

[3] The Transport Workers’ Union of Australia SA/NT Branch (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Fair Work Commission received correspondence dated 4 September 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Operation Manager (North/East)-Aviation, proposed to the FWC pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[6] 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 of the Agreement is 28 August 2015.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Zip Airport Services Pty Ltd applied for approval of the Darwin Airport Enterprise Agreement 2014. The applicant, a company operating at Darwin Airport, sought to have the agreement approved under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the workers represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The CFMEU contested certain aspects of the agreement, arguing they were not in the best interests of the employees.

The primary legal issues the Commission had to address were whether the agreement met the criteria for approval under the Fair Work Act, specifically whether it contained the minimum terms and conditions as prescribed by law, and whether it was made in good faith and without coercion. The Commission also considered whether the agreement was in the best interests of the employees and whether it provided for fair and reasonable terms and conditions of employment.

The Commission examined the provisions of the agreement and the submissions from both parties. It found that the agreement contained all the required minimum terms and conditions, was made in good faith, and was not the result of any coercion. The Commission concluded that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment, including adequate pay, leave provisions, and other benefits. The Commission approved the Darwin Airport Enterprise Agreement 2014, finding it to be a valid and enforceable agreement under the Fair Work Act.

The Fair Work Commission approved the Darwin Airport Enterprise Agreement 2014, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment conditions of the workers at Darwin Airport for the specified period.

Zip Airport Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established