Airbus Australia Pacific Limited
[2024] FWCA 134
•11 JANUARY 2024
| [2024] FWCA 134 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Airbus Australia Pacific Limited
(AG2023/4231)
AIRBUS AUSTRALIA PACIFIC (TOWNSVILLE) ENTERPRISE AGREEMENT 2023
| Airline operations | |
| COMMISSIONER THORNTON | ADELAIDE, 11 JANUARY 2024 |
Application for approval of the Airbus Australia Pacific (Townsville) Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Airbus Australia Pacific (Townsville) 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 Airbus Australia Pacific Limited (the Applicant). The Agreement is a single enterprise agreement.
The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different title for the Agreement, that title being ‘Airbus Australia Pacific (Oakey) Enterprise Agreement 2023’. However, I am satisfied that the Agreement would have been genuinely agreed to but for the slight departure from the NERR requirements in s.174(1)(A)(c) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188 of the Act and exercise the discretion conferred by s.188(5) of the Act to disregard the minor technical error.
The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.
I am satisfied that each requirement of ss186, 187, 188 and 190 as are relevant to this application for approval have been met.
Clauses 32, 47.3, and 39.5 may be inconsistent with the National Employment Standards (NES). Noting clause 4.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and will operate in accordance with s.54 of the Act from 18 January 2024. The nominal expiry date of the Agreement is 31 August 2024.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE522602 PR770164>
ANNEXURE A
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