Australian Air Support Pty Limited T/A Menzies Aviation
[2022] FWCA 1810
•2 JUNE 2022
| [2022] FWCA 1810 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Australian Air Support Pty Limited T/A Menzies Aviation
(AG2022/1473)
Menzies Aviation Brisbane Ramp & TWU Enterprise Agreement 2021
| Airport operations | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 2 JUNE 2022 |
Application for approval of the Menzies Aviation Brisbane Ramp & TWU Enterprise Agreement 2021.
An application has been made for approval of an enterprise agreement known as the Menzies Aviation Brisbane Ramp & TWU Enterprise Agreement 2021 (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 Support Pty Limited T/A Menzies Aviation. The Agreement is a single enterprise agreement.
The Employer has 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.
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.
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
I note that several clauses of the Agreement may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
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 the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 June 2022. The nominal expiry date of the Agreement is 31 December 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE516148 PR742249>
Annexure A
0
0
0