DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ZIP Airport Services Pty Ltd
(AG2018/7113)

ZIP AIRPORT SERVICES PTY LTD - BRISBANE AIRPORT ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER CIRKOVIC	MELBOURNE, 7 FEBRUARY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the ZIP Airport Services Pty Ltd - Brisbane 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 7 February 2019 and, in accordance with s.54, will operate from 14 February 2019. The nominal expiry date of the Agreement is 31 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ZIP Airport Services Pty Ltd sought approval for the Brisbane Airport Enterprise Agreement 2019. The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009. The applicant argued that the agreement met the criteria for modern awards and that it was in the best interests of the employees, while the respondent raised concerns about specific provisions, including those related to remuneration and working conditions.

The Commission examined whether the agreement provided for terms and conditions that were no less favourable than the relevant modern award. It also considered if the agreement was in the best interests of the employees, taking into account factors such as the balance of rights and obligations, the process of agreement formation, and the nature of the bargaining. The FWC found that the agreement, while generally compliant, had some provisions that did not meet the standards of the modern award. However, considering the overall context and the interests of the employees, the Commission determined that the agreement was in their best interests.

Upon reviewing the evidence and submissions, the FWC approved the agreement with certain modifications to align it with the relevant modern award. The modifications were designed to ensure that the agreement met the statutory requirements and protected the employees' interests. The Commission also imposed conditions to monitor the implementation of the agreement to ensure compliance with the approved terms.

The final orders included the approval of the agreement with specified modifications, along with conditions to oversee the agreement's implementation. These measures aimed to uphold the integrity of the enterprise agreement while safeguarding the rights and interests of the employees involved.

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