Cathay Pacific Airways

[2016] FWCA 601

[2016] FWCA 601

FAIR WORK COMMISSION

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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