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

Case •

[2023] FWCA 1333

•

10 MAY 2023
[2023] FWCA 1333

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2023/1131)

ON AIRPORT BUSINESS DEVELOPMENT AGREEMENT (AAE/TWU) 2023

Airline operations

DEPUTY PRESIDENT BOYCE

SYDNEY, 10 MAY 2023

Application for approval of the On Airport Business Development Agreement (AaE/TWU) 2023

  1. An application has been made for approval of an enterprise agreement to be known as the On Airport Business Development Agreement (AaE/TWU) 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Australian Air Express Pty Limited (Employer). The Agreement is a single enterprise agreement.

Undertakings

  1. The Employer has provided written undertakings dated 9 May 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Airline Operations – Ground Staff Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

  1. The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

  1. Subject to the undertakings referred to above, 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.

  1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 May 2023. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE519971  PR761774>

Annexure A

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