Application by Perth Airport Pty Ltd T/A Perth Airport
Citation: [2026] FWCA 2067
What happened
Perth Airport Pty Ltd sought to amend the Perth Airport Enterprise Agreement 2017 (2017 Agreement) to clarify which employees it covers. The company wants to limit coverage to 'operational' employees, excluding those in administrative or specialist roles. Currently, the agreement’s wording could be interpreted more broadly. Perth Airport also previously sought a similar variation for the 2021 Enterprise Agreement and was granted this. Unions agreed with Perth Airport on the intended scope of the agreement but questioned whether Perth Airport had standing to bring the application.
What was decided
The Fair Work Commission dismissed Perth Airport’s application to vary the 2017 Agreement. The Commission found that because a subsequent enterprise agreement (the 2021 Agreement) replaced the 2017 Agreement, Perth Airport lacks standing to seek this variation. The decision was based on an interpretation of the agreements and consideration of relevant legal principles regarding enterprise agreement variations.
What it means for employers
Employers amending enterprise agreements need to carefully consider whether they have ongoing standing to do so, especially if subsequent agreements have been negotiated or replaced previous ones. A prior variation doesn't automatically grant continued rights to amend older agreements.
What it means for employees
Employees should be aware of the scope of their enterprise agreement and how it affects their employment conditions. Changes to an agreement can impact who is covered and what entitlements apply.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →