Zip Airport Services Pty Ltd

[2014] FWCA 2753

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zip Airport Services Pty Ltd
(AG2014/737)

ZIP AIRPORT SERVICES PTY LTD TRANSPORT WORKERS UNION - MELBOURNE AIRPORT ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 28 APRIL 2014

Application for approval of the ZIP Airport Services Pty Ltd Transport Workers Union - Melbourne Airport Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the ZIP Airport Services Pty Ltd Transport Workers Union - Melbourne Airport 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 2.2 (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 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to approve the ZIP Airport Services Pty Ltd Transport Workers Union - Melbourne Airport Enterprise Agreement 2013. The applicant, ZIP Airport Services Pty Ltd, sought approval of the agreement, which was submitted for consideration by the Transport Workers Union - Melbourne Airport. The dispute centred around whether the agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. The primary legal issues before the FWC were whether the agreement contained the minimum terms and conditions as required by the Act and whether it was made in good faith and without coercion. The applicant argued that the agreement was compliant and had been made without any form of coercion, while the union contended that certain aspects of the agreement did not meet the statutory requirements and that the process leading to the agreement was flawed.

In its decision, the FWC examined the provisions of the agreement against the statutory requirements. The Commission found that the agreement contained all the mandated minimum terms and conditions, and it was satisfied that the agreement was made in good faith. The FWC considered evidence regarding the bargaining process and concluded that there was no coercion or unfair labour practice. The Commission noted that while there were some procedural irregularities, these did not significantly impact the outcome or the fairness of the agreement. Consequently, the FWC approved the agreement, emphasising the importance of compliance with the Act and the need for good faith in the bargaining process.

The FWC's approval of the agreement signals that it met the statutory criteria and was made without coercion. This decision underscores the importance of adhering to the legislative framework governing enterprise agreements. The FWC's determination provides clarity for both employers and unions regarding the requirements for a valid enterprise agreement and the processes expected in their formation. The approval of the agreement allows the parties to proceed with the implementation of the terms and conditions outlined within it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established