Aircrew Logistics Pty Ltd

Case

[2024] FWCA 2448

2 JULY 2024


[2024] FWCA 2448

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Aircrew Logistics Pty Ltd

(AG2024/2141)

AIRNORTH PILOTS ENTERPRISE AGREEMENT 2024

Airline operations

COMMISSIONER TRAN

MELBOURNE, 2 JULY 2024

Application for approval of the Airnorth Pilots Enterprise Agreement 2024

  1. Aircrew Logistics Pty Ltd has applied for approval of an enterprise agreement known as the Airnorth Pilots Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).

  1. The Agreement is a single enterprise agreement.

  1. The Employer has given 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 a term of the Agreement.

  1. I note that Clauses 17.7, 20.2, 20.3, 22.2 and 31.1 may be inconsistent with the National Employment Standards as all provide for the deduction of outstanding monies owed by an employee from their final termination payment. These clauses may also be inconsistent with s 324 of the Act and unenforceable in accordance with s 326. I am satisfied with the Employer’s undertaking to address this concern.

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

  1. The Australian Federation of Air Pilots, 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 9 July 2024.

  1. In accordance with Clause 2.2, the nominal expiry date of the Agreement is 1 July 2028.


COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE525274  PR776628>

Annexure A

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