Australian air Express Pty Limited

[2015] FWCA 908

[2015] FWCA 908

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australian air Express Pty Limited
(AG2015/12)

ON AIRPORT BUSINESS DEVELOPMENT AGREEMENT (AaE/TWU) 2014

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 6 FEBRUARY 2015

Application for approval of the On Airport Business Development Agreement (AaE/TWU) 2014.

[1] An application has been made for approval of an enterprise agreement known as the On Airport Business Development Agreement (AaE/TWU) 2014 (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 Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 5 January 2015. The application included a Statutory Declaration of Peter Smith made on behalf of the Employer and dated 5 January 2015 (the Declaration). The Declaration stated that the Agreement was made on 22 December 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 6 February 2015. I note that the file has included a Statutory Declaration of Wendy Carr made on behalf of the Transport Workers’ Union of Australia (the TWU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 10A and consultation terms at clauses 9 and 9.1A.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.
[7] The TWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the TWU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 13 February 2015. The nominal expiry date of the Agreement as specified in clause 3.5 of the Agreement, is 31 December 2017.

COMMISSIONER

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