Cathay Pacific Airways Limited

[2020] FWCA 2776

[2020] FWCA 2776

FAIR WORK COMMISSION

DECISION

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

Cathay Pacific Airways Limited
(AG2020/1242)

CATHAY PACIFIC AIRWAYS LIMITED AUSTRALIAN BASED AIRCREW ENTERPRISE AGREEMENT 2020

Airline operations
COMMISSIONER SIMPSON	BRISBANE, 28 MAY 2020

Application for approval of the Cathay Pacific Airways Limited Australian Based Aircrew Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Cathay Pacific Airways Limited Australian Based Aircrew Enterprise Agreement 2020 (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 Limited (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement does not contain a model consultation term compliant with the Act. 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.

[5] The Australian Aircrew Officers Association Group (AAOA) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the AAOA wants the Agreement to cover it.

[6] In accordance with s.201(2) of the Act, I note the Agreement covers the AAOA.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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