Australian Air Express Pty Limited T/A Australian Air Express / AaE

Case •

[2023] FWCA 1357

•

11 MAY 2023
[2023] FWCA 1357

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Air Express Pty Limited T/A Australian Air Express / AaE

(AG2023/996)

AUSTRALIAN SERVICES UNION – AUSTRALIAN AIR EXPRESS PTY LTD AGREEMENT 2023

Airline operations

COMMISSIONER P RYAN

SYDNEY, 11 MAY 2023

Application for approval of the Australian Services Union – Australian Air Express Pty Ltd Agreement 2023

  1. Australian Air Express Pty Limited (Employer) has made an application for approval of an enterprise agreement known as the Australian Services Union – Australian Air Express Pty Ltd Agreement 2023 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

  1. The Employer provided 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.

Section 186, 187, 188 and 190

  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.

National Employment Standards (NES)

  1. I observe that clauses 13.5.7(a), 14.2.2 and 28.1.5 of the Agreement may be inconsistent with the NES. However, noting clause 3.7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Section 183 Bargaining Representative

  1. The Australian Municipal, Administrative, Clerical and Services Union (ASU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

  1. In accordance with s.201(2), I note that the Agreement covers the ASU.

Approval

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 May 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

<AE519991  PR761825>

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