Air New Zealand Limited

Case

[2023] FWCA 2961

14 SEPTEMBER 2023


[2023] FWCA 2961

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Air New Zealand Limited

(AG2023/3078)

AIR NEW ZEALAND LIMITED & ASU ENTERPRISE AGREEMENT 2023

Airline operations

DEPUTY PRESIDENT DEAN

CANBERRA, 14 SEPTEMBER 2023

Application for approval of the Air New Zealand Limited & ASU Enterprise Agreement 2023.

  1. An application has been made for approval of an enterprise agreement known as the Air New Zealand Limited & ASU Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Air New Zealand Limited. The Agreement is a single enterprise agreement.

  1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

  1. I note that the provisions of clause 18.2 (Redundancy) are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Australian Municipal, Administrative, Clerical and Services Union, 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) I note that the Agreement covers the organisation.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 September 2023. The nominal expiry date of the Agreement is 19 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE521496  PR766203>

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