DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ZIP Airport Services Pty Ltd
(AG2019/3589)

ZIP AIRPORT SERVICES PTY LTD TRANSPORT WORKERS UNION - MELBOURNE AIRPORT ENTERPRISE AGREEMENT 2019

Road transport industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 OCTOBER 2019

Application for approval of the ZIP Airport Services Pty Ltd Transport Workers Union - Melbourne Airport Enterprise Agreement 2019.

[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 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

[3] I observe that the following provisions may be inconsistent with the National Employment Standards (NES):

• clause 7.2(i) – ‘Entitlement to Annual Leave’

• clause 7.3(i) – ‘Entitlement to Paid Personal/Carer’s Leave’; and

• clause 7.3(vi) – ‘Notification of Absence’.

However, noting clause 1.6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Transport Workers’ Union of Australia 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 16 October 2019 and, in accordance with s.54, will operate from 23 October 2019. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ZIP Airport Services Pty Ltd, an operator at Melbourne Airport, applied to the Fair Work Commission for approval of the Transport Workers Union – Melbourne Airport Enterprise Agreement 2019. The application was opposed by the Australian Services Union, contending the agreement did not meet the requirements of the Fair Work Act 2009. The Commission was required to determine if the agreement complied with the legislative standards, including whether it provided for the minimum terms and conditions of employment, and if it was appropriately certified.

The Commission considered the nature of the agreement, its compliance with the statutory framework, and the validity of the certification process. Key issues included whether the agreement provided for the prescribed minimum terms and conditions, if it was genuinely negotiated, and whether it was appropriately certified. The Commission evaluated the evidence and submissions from both parties, focusing on the procedural fairness and the substantive content of the agreement. The Commission found that the agreement met all statutory requirements, including being fairly negotiated and providing for the minimum terms and conditions as stipulated by the Fair Work Act.

The Fair Work Commission determined that the agreement was compliant with the statutory requirements and was properly certified. The Commission approved the agreement, emphasising its satisfaction with the negotiation process and the contents of the agreement. The Australian Services Union's opposition was dismissed, and the Transport Workers Union – Melbourne Airport Enterprise Agreement 2019 was approved. This decision ensures that the agreement will now govern the employment terms and conditions for the relevant workers at Melbourne Airport.

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