Australian Air Express Pty Limited

Case

[2019] FWCA 6859

4 OCTOBER 2019


[2019] FWCA 6859

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Australian Air Express Pty Limited

(AG2019/3250)

Australian Services Union – Australian Air Express Pty Ltd Agreement 2019.

Airline operations

Commissioner Cirkovic

MELBOURNE, 4 OCTOBER 2019

Application for approval of the Australian  Services  Union  -  Australian  Air  Express  Pty Ltd Agreement 2019..

  1. An application has been made for approval of an enterprise agreement known as the Australian  Services  Union  -  Australian  Air  Express  Pty Ltd Agreement 2019. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Air Express Pty Limited. The Agreement is a single enterprise agreement.

  1. Noting clause 3.6 of the Agreement, the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

  1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

  1. The Australian Municipal, Administrative, Clerical and Services Union 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 was approved on 4 October 2019 and, in accordance with s.54, will operate from 11 October 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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