Australian Airsupport Pty Ltd

[2015] FWCA 7847

[2015] FWCA 7847

FAIR WORK COMMISSION

DECISION

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

Australian Airsupport Pty Ltd
(AG2015/5934)

AUSTRALIAN AIRSUPPORT VICTORIA AGREEMENT 2015

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 16 NOVEMBER 2015

Application for approval of the Australian Airsupport Victoria Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Australian Airsupport Victoria 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 Airsupport Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 23 October 2015. The application included a Statutory Declaration of Mirka Priolo made on behalf of the Employer and dated 22 October 2015 (the Declaration). The Declaration stated that the Agreement was made on 14 October 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 16 November 2015.

[5] I note that the Agreement contains a flexibility term at clause 37 and a consultation term at clause 35.

[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 Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 23 November 2015. The nominal expiry date of the Agreement as specified in clause 3 of the Agreement, is 31 August 2018.

COMMISSIONER

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