DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ZIP Airport Services Pty Ltd
(AG2018/2156)

ZIP AIRPORT SERVICES PTY LTD - PERTH AIRPORT ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 24 SEPTEMBER 2018

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

[1] An application has been made for approval of an enterprise agreement known as the ZIP Airport Services Pty Ltd - Perth Airport 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 24 September 2018 and, in accordance with s.54, will operate from 1 October 2018. The nominal expiry date of the Agreement is 30 April 2020.

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 ZIP Airport Services Pty Ltd - Perth Airport Enterprise Agreement 2018. The applicant and respondents in the proceeding were ZIP Airport Services Pty Ltd, representing the employer, and various unions representing the employees. The dispute centred around whether the enterprise agreement provided adequate protections for employees and whether it complied with the requirements of the Fair Work Act 2009. The Commission was required to determine if the agreement met the 'better off overall test', ensuring that employees were not worse off in terms of wages and conditions, and whether it complied with the 'good faith' requirement.

The Commission examined the provisions of the agreement, focusing on the terms and conditions of employment, the processes for resolving disputes, and the protections afforded to employees. It assessed whether the agreement provided fair and reasonable terms and conditions of employment and whether it complied with the statutory requirements for enterprise agreements. The Commission also considered the submissions made by the unions and the employer during the hearing. The unions argued that the agreement did not adequately protect employees, particularly in terms of pay rates and conditions. The employer contended that the agreement was fair and reasonable and provided for a better-off overall outcome for employees.

After considering the evidence and submissions, the Commission found that the agreement met the 'better off overall test' and complied with the 'good faith' requirement. It determined that the agreement provided fair and reasonable terms and conditions of employment and was consistent with the statutory requirements for enterprise agreements. The Commission approved the agreement, stating that it was in the best interests of the employees and the employer. The unions were directed to withdraw their objections to the application for approval of the agreement. The employer was required to provide the approved agreement to the Commission within 28 days of the decision.

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