Zip Airport Services Pty Ltd

[2023] FWCA 2034

[2023] FWCA 2034

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Zip Airport Services Pty Ltd

(AG2023/1806)

ZIP AIRPORT SERVICES PTY LTD TRANSPORT WORKERS UNION MELBOURNE AIRPORT ENTERPRISE AGREEMENT 2023

Road transport industry
COMMISSIONER HUNT	BRISBANE, 4 JULY 2023

Application for approval of the ZIP Airport Services Pty Ltd Transport Workers Union Melbourne Airport Enterprise Agreement 2023

1. Zip Airport Services Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the ZIP Airport Services Pty Ltd Transport Workers Union Melbourne Airport Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).  The Agreement is a single-enterprise agreement.

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A.  Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives regarding the undertaking, allowing a period of two business days from receipt of the undertaking to provide any views. No views were provided.

1. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.  Pursuant to s.190 of the Act, I accept the undertaking.  In accordance with s.201(3) of the Act, I note that the undertaking is taken to be a term of the Agreement.

1. I have taken into consideration the material filed in the Commission. Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The Transport Workers’ Union of Australia (TWU) 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) of the Act I note that the Agreement covers the TWU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2023.  The nominal expiry date of the Agreement is 1 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE520628  PR763903>

Annexure A – Undertaking