Aerocare Flight Support Pty Ltd v Transport Workers' Union of Australia [2018] FCAFC 74

Aerocare Flight Support Pty Ltd v Transport Workers' Union of Australia [2018] FCAFC 74

The Court decided that the Commissioner did not commit jurisdictional error in refusing to approve the enterprise agreement, because the question under s 186(3) focuses on the group covered and the Commissioner properly considered all relevant matters. Further, even if jurisdictional error was established in relation to the 'fairly chosen' requirement, the Commissioner's independent finding on the 'better off overall test' precluded quashing the decision.

Parties
Applicant: Aerocare Flight Support Pty Ltd; First Respondent: Transport Workers' Union of Australia; Second Respondent: Australian Municipal, Administrative, Clerical and Services Union (ASU); Third Respondent: Fair Work Commission
Jurisdiction
Australia
Judgment Date
15 May 2018
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Enterprise Agreement Approval, Fairly Chosen Employee Group, Jurisdictional Error, Collective Bargaining
Employment & Industrial Relations Administrative Law Enterprise Agreement Approval Fairly Chosen Employee Group Jurisdictional Error Collective Bargaining

Case Brief

Summary, issues, holding and outcome

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Parties

Aerocare Flight Support Pty Ltd

Applicant

Transport Workers' Union of Australia

First Respondent

Australian Municipal, Administrative, Clerical and Services Union (ASU)

Second Respondent

Fair Work Commission

Third Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the group of employees covered by the agreement was 'fairly chosen' under s 186(3) of the Fair Work Act 2009 (Cth)
  2. 2 Whether the Commissioner misconstrued s 186(3A) of the Fair Work Act
  3. 3 Whether the Commissioner failed to consider relevant considerations or regarded irrelevant considerations

Ratio Decidendi

The Court decided that the Commissioner did not commit jurisdictional error in refusing to approve the enterprise agreement, because the question under s 186(3) focuses on the group covered and the Commissioner properly considered all relevant matters. Further, even if jurisdictional error was established in relation to the 'fairly chosen' requirement, the Commissioner's independent finding on the 'better off overall test' precluded quashing the decision.

Court Disposition

Application dismissed

Orders

  • The application be dismissed