Air Niugini Limited
[2024] FWCA 2404
•22 JULY 2024
| [2024] FWCA 2404 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Air Niugini Limited
(AG2024/1690)
AIR NIUGINI PTY LTD ENTERPRISE AGREEMENT 2024
| Airline operations | |
| COMMISSIONER MCKINNON | SYDNEY, 22 JULY 2024 |
Application for approval of the Air Niugini Pty Ltd Enterprise Agreement 2024
Air Niugini Limited has applied for approval of a single enterprise agreement known as the Air Niugini Pty Ltd Enterprise Agreement 2024 (the Agreement).
The Notice of Employee Representational Rights was not in the prescribed form, and the voting process did not ensure that the vote of all employees was unascertainable by the employer. Air Niugini has made submissions in support of approval of the Agreement in these circumstances. It is apparent from those submissions and the relevant facts that the errors identified were minor procedural errors. I am satisfied that the errors are not likely to have disadvantaged any employee and that the Agreement has been genuinely agreed.
The better off overall test for Band A and Band B employees identified concerns in relation to whether rates of pay were sufficient to overcome detriments in the Agreement compared to the relevant modern award. Air Niugini has given written undertakings in accordance with section 190 of the Fair Work Act 2009 (Act) to address the concerns, attached at Annexure A. The undertakings address my concerns and are supported by the Australian Municipal, Administrative, Clerical and Services Union (ASU), which was a bargaining representative for the Agreement. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.
With the undertakings now given, and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, is met.
The Agreement is approved and will operate from 29 July 2024. The nominal expiry date of the Agreement is 30 June 2027.
The Agreement covers the ASU.
COMMISSIONER
Annexure A
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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