Avalon Airport Australia Pty Ltd

[2018] FWCA 6264

[2018] FWCA 6264

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Avalon Airport Australia Pty Ltd
(AG2018/2520)

AVALON AIRPORT AGREEMENT 2017

Airline operations
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 OCTOBER 2018

Application for approval of the Avalon Airport Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Avalon Airport Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Avalon Airport Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I observe that the following provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES):

● Clause 4.2.2 – suitable alternative employment in relation to redundancy;

● Clause 7.1 – accrual of annual leave; and

● Clause 7.1 – annual leave - casual employees.

However, noting clause 2.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[3] 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.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 October 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE500389  PR701171>

Annexure A