Cairns Airport Pty Ltd T/A Cairns Airport Pty Ltd

[2019] FWCA 1216

[2019] FWCA 1216

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cairns Airport Pty Ltd T/A Cairns Airport Pty Ltd
(AG2018/5753)

CAIRNS AIRPORT PTY LTD ENTERPRISE AGREEMENT 2018

Airport operations
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 FEBRUARY 2019

Application for approval of the Cairns Airport Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cairns Airport Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cairns Airport Pty Ltd T/A Cairns Airport Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that clause 44.9 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting Part 5 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.

[4] The Australian Municipal, Administrative, Clerical and Services Union, The Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 25 February 2019 and, in accordance with s.54, will operate from 4 March 2019. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

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