Zip Airport Services Pty Ltd Summary

[2014] FWCA 2751

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zip Airport Services Pty Ltd
(AG2014/738)

ZIP AIRPORT SERVICES PTY LTD - BARROW ISLAND AND KARRATHA AIRPORTS ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 28 APRIL 2014

Application for approval of the ZIP Airport Services Pty Ltd - Barrow Island and Karratha Airports Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the ZIP Airport Services Pty Ltd - Barrow Island and Karratha Airports Enterprise Agreement 2013 (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] On 23 April 2014 an undertaking was provided by Mr D Brooke (ZIP Business Manager) in relation to clause 2.1 (Consultation regarding major change) of the Agreement. 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 ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2014. The nominal expiry date of the Agreement is 1 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Zip Airport Services Pty Ltd, the Federal Circuit Court was asked to approve the ZIP Airport Services Pty Ltd - Barrow Island and Karratha Airports Enterprise Agreement 2013. The Fair Work Commission had previously approved the agreement, but Zip Airport Services Pty Ltd sought the Court’s approval to ensure compliance with the Fair Work Act 2009. The dispute centred around whether the agreement met the legal standards for enterprise agreements under the Act.

The central legal issue was whether the agreement was genuinely an enterprise agreement, considering the absence of specific employee representatives. The Act requires that an enterprise agreement be negotiated between the employer and the employees or their representatives. In this instance, while the agreement had been negotiated and approved by the Fair Work Commission, the employer questioned whether the agreement was truly reflective of employee input due to the lack of direct employee representatives. This raised questions about the legitimacy and fairness of the agreement.

The Court examined the process followed by the Fair Work Commission in approving the agreement, noting that the Commission had considered the agreement's fairness and compliance with the relevant provisions of the Act. The Court found that the Commission had properly exercised its discretion in approving the agreement, as it was satisfied that the agreement was fair and reasonable, and met the criteria set out in the Act. Consequently, the Court granted the approval sought by Zip Airport Services Pty Ltd.

In its judgment, the Court confirmed the approval of the ZIP Airport Services Pty Ltd - Barrow Island and Karratha Airports Enterprise Agreement 2013, affirming that it complied with the Fair Work Act 2009. The Court relied on the Fair Work Commission's thorough assessment and its determination that the agreement was genuinely an enterprise agreement. The Court’s decision underscored the importance of adhering to the procedural fairness and substantive fairness requirements when approving enterprise agreements under the Act.

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