DECISION

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

Australian air Express Pty Ltd
(AG2015/3368)

AUSTRALIAN SERVICES UNION - AUSTRALIAN AIR EXPRESS PTY LTD AGREEMENT 2015

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 29 JULY 2015

Application for approval of the Australian Services Union - Australian Air Express Pty Ltd Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Australian Services Union – Australian Air Express Pty Ltd Agreement 2015(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 Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 20 July 2015. The application included a Statutory Declaration of Peter Smith made on behalf of the Employer and dated 14 July 2015 (the Declaration). The Declaration stated that the Agreement was made on 7 July 2015. 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 29 July 2015. I note that the file has included a Statutory Declaration of Linda White made on behalf of the Australian Municipal, Administrative, Clerical and Services Union (the ASU), as an employee organisation in relation to the application.

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

[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 ASU, 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 ASU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 5 August 2015. The nominal expiry date of the Agreement as specified in clause 3.4 of the Agreement, is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Australian Services Union sought approval of an agreement with Australian Air Express Pty Ltd. The agreement aimed to govern the employment conditions of the company's employees. The union argued that the agreement was necessary to address specific issues concerning workplace practices and employee rights, while the company opposed its approval, citing concerns over its compliance with the relevant industrial legislation.

The primary legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it provided for the fair and equitable treatment of employees. The Commission had to consider if the agreement met the criteria for being a "registerable agreement" under the Act, including whether it provided for the resolution of workplace disputes, the protection of employees' rights, and the establishment of fair working conditions.

The Fair Work Commission found that the agreement was compliant with the legislative requirements. It provided for the fair and equitable treatment of employees and included provisions for the resolution of workplace disputes. The Commission noted that the agreement addressed specific issues raised by the union and provided for the protection of employees' rights, including provisions for minimum wages, leave entitlements, and other conditions of employment. The Commission approved the agreement, finding that it met the necessary criteria for registration.

As a result of the approval, the Australian Services Union - Australian Air Express Pty Ltd Agreement 2015 became a legally binding agreement between the parties. The agreement now governs the employment conditions of Australian Air Express Pty Ltd employees, providing for fair and equitable treatment and the resolution of workplace disputes. The Commission's decision ensures that employees are protected by the terms of the agreement and that their rights are upheld in the workplace.

Australian air Express Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established