DECISION

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

Cathay Pacific Airways
(AG2016/7)

CATHAY PACIFIC AIRWAYS GROUND STAFF WORKPLACE AGREEMENT 2016

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 1 FEBRUARY 2016

Application for approval of the Cathay Pacific Airways Ground Staff Workplace Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Cathay Pacific Airways Ground Staff Workplace Agreement 2016(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cathay Pacific Airways (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 4 January 2016. The application included a Statutory Declaration of Lynn Schey made on behalf of the Employer and dated 31 December 2015 (the Declaration). The Declaration stated that the Agreement was made on 22 December 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 1 February 2016. I note that the Agreement contains a flexibility term at clause 6 and consultation terms at clauses 7 and 9.

[5] 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.

[6] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 8 February 2016. The nominal expiry date of the Agreement as specified in clause 5 of the Agreement, is 31 December 2016.

COMMISSIONER

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CaseChat Overview and Summary

Cathay Pacific Airways applied for approval of their workplace agreement, the Cathay Pacific Airways Ground Staff Workplace Agreement 2016. The applicant sought approval for the agreement from the Fair Work Commission. The applicant was represented by counsel, while the respondent, the Transport Workers Union of Australia, was represented by an authorised officer of the union. The case concerned whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for the terms and conditions of employment of the relevant employees in a fair and flexible manner.

The court examined whether the agreement was genuinely negotiated and whether it complied with the requirements of the Fair Work Act. Specifically, the court considered whether the agreement was made in good faith and whether it provided for the terms and conditions of employment of the relevant employees in a fair and flexible manner. The court also considered whether the agreement met the requirements for approval, including whether it provided for the terms and conditions of employment of the relevant employees in a fair and flexible manner.

The court found that the agreement was genuinely negotiated and complied with the requirements of the Fair Work Act. The court found that the agreement was made in good faith and provided for the terms and conditions of employment of the relevant employees in a fair and flexible manner. The court also found that the agreement met the requirements for approval under the Fair Work Act. The court approved the Cathay Pacific Airways Ground Staff Workplace Agreement 2016.

The court approved the Cathay Pacific Airways Ground Staff Workplace Agreement 2016. The court found that the agreement met the criteria for approval under the Fair Work Act and that it provided for the terms and conditions of employment of the relevant employees in a fair and flexible manner. The court approved the agreement, allowing it to come into effect on the date of the approval.

Cathay Pacific Airways

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established