Airservices Australia
[2024] FWCA 1391
•18 APRIL 2024
| [2024] FWCA 1391 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Airservices Australia
(AG2024/1080)
AIRSERVICES AUSTRALIA ENTERPRISE AGREEMENT 2024 – 2026
| Commonwealth employment | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 18 APRIL 2024 |
Application for approval of the Airservices Australia Enterprise Agreement 2024 – 2026.
An application has been made for approval of an enterprise agreement known as the Airservices Australia Enterprise Agreement 2024 – 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Airservices Australia (Applicant). The Agreement is a single enterprise agreement.
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.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, CPSU, the Community and Public Sector Union, The Association of Professional Engineers, Scientists and Managers, Australia, and The Civil Air Operations Officers’ Association of Australia, being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover their organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.
The Applicant has identified an error in the copy of the Agreement lodged with the Commission and made an application for a variation pursuant to s.218A of the Act. The Applicant seeks to amend an annotation in Attachment 1 – Base Salary Tables under the heading ‘High Frequency’ by replacing the words ‘but not’ with ‘and’. The Applicant submits that this is an obvious error, defect or irregularity and the amendment ought be made so that the Agreement is clear on its face and reflects the intention of the parties.
The bargaining representatives were consulted regarding the variation application and did not raise any issues. I am satisfied that that it is appropriate to make the correction by varying the Agreement pursuant to s.218A of the Act. An amended version of the Agreement has been filed which incorporates the variation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April 2024. The nominal expiry date of the Agreement is 17 November 2026.
DEPUTY PRESIDENT
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