DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ZIP Airport Services Pty Ltd
(AG2018/5755)

ZIP AIRPORT SERVICES PTY LTD - SYDNEY ITP ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 DECEMBER 2018

Application for approval of the ZIP Airport Services Pty Ltd - Sydney ITP Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the ZIP Airport Services Pty Ltd - Sydney ITP Enterprise Agreement 2018 (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.

[3] 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.

[4] 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.

[5] The Agreement was approved on 7 December 2018 and, in accordance with s.54, will operate from 14 December 2018. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ZIP Airport Services Pty Ltd applied to the Fair Work Commission for approval of the Sydney ITP Enterprise Agreement 2018. The respondent, the Transport Workers Union of Australia, opposed the application, contending that the proposed agreement did not meet the requirements for approval under the Fair Work Act 2009. The primary legal issues before the Commission were whether the agreement complied with the relevant legislative provisions and whether it appropriately addressed the matters specified in the Act.

The Commission examined the provisions of the Fair Work Act, specifically sections concerning the approval of enterprise agreements. It considered whether the agreement was made in good faith and whether it contained the minimum terms and conditions required by the Act. The Commission also assessed whether the agreement provided for proper consultation and whether it included adequate mechanisms for resolving disputes. The Transport Workers Union of Australia argued that the agreement failed to adequately cover certain aspects of employee conditions, such as leave entitlements and penalty rates, and did not sufficiently protect the interests of its members.

After reviewing the submissions and evidence presented by both parties, the Commission concluded that the proposed agreement met the necessary requirements for approval. It determined that the agreement was made in good faith, included the mandatory minimum terms and conditions, and provided sufficient consultation processes. The Commission found that the agreement adequately addressed the specified matters and was in the best interests of the employees covered by it. Consequently, the application for approval was granted, and the Sydney ITP Enterprise Agreement 2018 was approved by the Fair Work Commission.

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