ZIP Airport Services Pty Ltd Summary

[2021] FWCA 7101

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ZIP Airport Services Pty Ltd
(AG2021/8288)

ZIP AIRPORT SERVICES PTY LTD - PERTH AIRPORT ENTERPRISE AGREEMENT 2021

Airport operations
COMMISSIONER SIMPSON	BRISBANE, 14 DECEMBER 2021

Application for approval of the ZIP Airport Services Pty Ltd - Perth Airport Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the ZIP Airport Services Pty Ltd – Perth Airport Enterprise Agreement 2021 (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] The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] Noting clause 1.6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Transport Workers’ Union of Australia (TWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the TWU.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ZIP Airport Services Pty Ltd sought approval of the ZIP Airport Services Pty Ltd - Perth Airport Enterprise Agreement 2021. The application was heard by the Fair Work Commission. The dispute centred around whether the proposed enterprise agreement complied with the necessary legislative provisions and whether it was in the interests of the employees.

The legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it contained the required minimum terms and conditions, and whether it complied with the relevant sections of the Fair Work Act 2009. Specifically, the Commission needed to consider if the agreement met the criteria for a "single interest" enterprise agreement and whether it provided for the proper bargaining of terms and conditions of employment.

In reaching its decision, the Commission examined the process by which the agreement was negotiated, the content of the agreement, and the impact it would have on the employees. The Commission found that the agreement was genuinely negotiated between the parties and contained all the required minimum terms and conditions. It was also determined that the agreement was in the best interests of the employees, considering the balance of benefits and detriments. The Commission approved the application and certified the agreement.

The Fair Work Commission approved the application for the ZIP Airport Services Pty Ltd - Perth Airport Enterprise Agreement 2021 and certified it as a single interest enterprise agreement. The agreement will now apply to the employees covered by it, effective from the date of certification.

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