DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ZIP Airport Services Pty Ltd
(AG2019/4887)

ZIP AIRPORT SERVICES PTY LTD - DARWIN AIRPORT ENTERPRISE AGREEMENT 2019

Airline operations
COMMISSIONER JOHNS	SYDNEY, 3 JANUARY 2020

Application for approval of the ZIP Airport Services Pty Ltd - Darwin Airport Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the ZIP Airport Services Pty Ltd - Darwin Airport Enterprise Agreement 2019 (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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 January 2020. The nominal expiry date of the Agreement is 28 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ZIP Airport Services Pty Ltd applied for approval of the ZIP Airport Services Pty Ltd - Darwin Airport Enterprise Agreement 2019. The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009. The applicant, ZIP Airport Services Pty Ltd, is an employer in the air transport industry, and the respondents, the Transport Workers Union of Australia and the Australian Services Union, are trade unions representing the employees. The primary dispute was over the terms and conditions of employment as set out in the proposed enterprise agreement.

The legal issues before the FWC were whether the proposed enterprise agreement complied with the provisions of the Fair Work Act, including whether it contained the mandatory terms and conditions, and whether it had been made in good faith and without coercion. The FWC had to consider the application of the mandatory terms set out in the Fair Work Act, the process by which the agreement was made, and whether there was any evidence of procedural unfairness or coercion. The unions argued that the proposed agreement did not adequately protect employees' rights and did not meet the requirements of the Act.

The FWC found that the proposed enterprise agreement complied with the Fair Work Act. It determined that the agreement contained all the mandatory terms required by the Act and was made in good faith without any evidence of coercion. The FWC noted that the agreement provided for fair and reasonable terms and conditions of employment and did not disadvantage any of the parties. The FWC approved the application, and the ZIP Airport Services Pty Ltd - Darwin Airport Enterprise Agreement 2019 was registered.

ZIP Airport Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established