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

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CaseChat Overview and Summary

Cathay Pacific Airways Limited, the airline company, applied for approval of the Cathay Pacific Airways Limited Australian Based Aircrew Enterprise Agreement 2016. The Fair Work Commission was tasked with reviewing the application. The primary issue before the Commission was whether the agreement met the necessary standards and criteria under the Fair Work Act 2009, specifically in terms of its fairness, reasonableness, and compliance with the Act's requirements.

The Commission examined the provisions of the agreement and assessed whether it provided for fair and reasonable terms and conditions of employment. The scrutiny included the adequacy of the agreement in covering essential aspects such as wages, working hours, leave provisions, and dispute resolution mechanisms. The Commission also considered the extent to which the agreement addressed the needs and interests of both the employer and the employees, ensuring a balance that was fair and reasonable.

After careful consideration, the Commission determined that the agreement did meet the necessary criteria under the Act. It was found to be fair and reasonable, providing adequate protections and benefits to the employees while also accommodating the operational needs of the employer. Consequently, the Commission approved the Cathay Pacific Airways Limited Australian Based Aircrew Enterprise Agreement 2016. The decision was based on the comprehensive review of the agreement's provisions and their alignment with the statutory requirements of fairness and reasonableness.

Cathay Pacific Airways Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established