AERLINK Pty Ltd Trading AS AERLINK
[2025] FWCA 769
•27 FEBRUARY 2025
| [2025] FWCA 769 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
AERLINK Pty Ltd Trading AS AERLINK
(AG2025/145)
AERLINK AIRCREW OFFICER ENTERPRISE AGREEMENT
| Airline operations | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 27 FEBRUARY 2025 |
Application for approval of the AERLINK Aircrew Officer Enterprise Agreement
An application has been made for approval of an enterprise agreement to be known as the AERLINK Aircrew Officer Enterprise Agreement (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by AERLINK Pty Ltd Trading AS AERLINK (Employer). The Agreement is a single enterprise agreement.
NES Precedence Term
The Commission notes that to the extent that clause 5.3(a) of the Agreement, and the provisions of the Agreement in relation to compassionate leave and notice of termination, are inconsistent with the NES, they are resolved by reference to the NES precedence term at clause 1.1(g) of the Agreement.
Undertakings
The Employer has provided written undertakings dated 26 February 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Aircraft Cabin Crew Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisation(s)
The Flight Attendants’ Association of Australia (FAAA), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
Model and/or flexibility clause
Pursuant to s.204(1) and s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2025. The nominal expiry date of the Agreement is 27 February 2029.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE528209 PR784841>
ANNEXURE A
0
0
0