Alliance Airlines Pty Limited T/A Alliance Airlines Pty Limited

[2021] FWCA 926

[2021] FWCA 926

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alliance Airlines Pty Limited T/A Alliance Airlines Pty Limited
(AG2021/243)

ALLIANCE AIRLINES PTY LTD CABIN CREW (NTH QLD) ENTERPRISE AGREEMENT 2021

Airline operations
COMMISSIONER PLATT	ADELAIDE, 19 FEBRUARY 2021

Application for approval of the Alliance Airlines Pty Ltd Cabin Crew (Nth Qld) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Alliance Airlines Pty Ltd Cabin Crew (Nth Qld) Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Alliance Airlines Pty Limited T/A Alliance Airlines Pty Limited (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 17 February 2021.

[3] The Applicant has submitted an undertaking in the required form dated 18 February 2021. The undertaking deals with the following topics:

•  Clause 29.2(b) will not have the effect of removing any entitlement an employee has to no safe job leave.

•  Clause 15.5 has been amended to ensure that a period of notice (reduced or waived) will not be less than the period of notice required by the National Employment Standards.

[4] No bargaining representatives were appointed.

[5] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[6] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 18 February 2024.

COMMISSIONER

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