Cathay Pacific Airways Limited

[2016] FWCA 674

[2016] FWCA 674

FAIR WORK COMMISSION

DECISION

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

Cathay Pacific Airways Limited
(AG2016/2080)

CATHAY PACIFIC AIRWAYS LIMITED AUSTRALIAN BASED AIRCREW ENTERPRISE AGREEMENT 2016

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 2 FEBRUARY 2016

Application for approval of the Cathay Pacific Airways Limited Australian Based Aircrew Enterprise Agreement 2016.

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

[2] The application was lodged at Sydney on 12 January 2016. The application included a Statutory Declaration of Sarah Megson made on behalf of the Employer and dated 11 January 2016 (the Declaration). The Declaration stated that the Agreement was made on 3 January 2016. 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 2 February 2016. I note that the file has included a Statutory Declaration of Grant Anthony Frost made on behalf of the Australian Aircrew Officers Association (the AAOA), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 1.12 and a consultation term at clause 2.

[6] 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.

[7] The AAOA, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the AAOA.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 9 February 2016. The nominal expiry date of the Agreement as specified in clause 1.7 of the Agreement, is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code O, AE417657  PR576634>