ZIP Airport Services Pty Ltd Summary

[2013] FWCA 436

FAIR WORK COMMISSION

DECISION

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

ZIP Airport Services Pty Ltd
(AG2012/13201)

ZIP AIRPORT SERVICES PTY LTD - BRISBANE AIRPORT ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ASBURY	BRISBANE, 18 JANUARY 2013

Application for approval of the ZIP Airport Services Pty Ltd - Brisbane Airport Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the ZIP Airport Services Pty Ltd - Brisbane Airport Enterprise Agreement 2013 (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 agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The National Union of Workers (NUW), being the bargaining representative for the Agreement, has given notice under s.183 of the Act that the organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 25 January 2013. The nominal expiry date of the Agreement is 31 January 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ZIP Airport Services Pty Ltd sought approval of their enterprise agreement from the Fair Work Commission. The dispute centred on the validity and fairness of the proposed terms and conditions outlined in the Brisbane Airport Enterprise Agreement 2013. The Commission was tasked with ensuring the agreement met the necessary legislative standards for approval.

The primary legal issues before the Commission were whether the agreement provided for a fair and efficient workplace, whether the agreement had been negotiated in good faith, and whether it complied with all relevant legislative requirements. The Commission had to assess if the terms of the agreement were consistent with the principles of industrial fairness and whether they provided for an appropriate balance of rights and obligations between the employer and employees.

The Commission found that the agreement was fair and balanced, negotiated in good faith, and met all legislative requirements. It considered the agreement to be efficient and conducive to a productive workplace. The terms were deemed to provide for a fair distribution of benefits and burdens between the parties. Consequently, the Commission approved the agreement.

The final orders of the Commission were that the Brisbane Airport Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be in effect from the date of the Commission's decision and would remain in force until superseded by a new agreement or terminated in accordance with 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