Civil Aviation Safety Authority
[2024] FWCA 796
•4 MARCH 2024
| [2024] FWCA 796 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Civil Aviation Safety Authority
(AG2024/364)
APPLICATION FOR APPROVAL OF THE CIVIL AVIATION SAFETY AUTHORITY ENTERPRISE AGREEMENT 2023-2026
| Commonwealth employment | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 4 MARCH 2024 |
Application for approval of the Civil Aviation Safety Authority Enterprise Agreement 2023-2026
An application has been made for approval of an enterprise agreement known as the Civil Aviation Safety Authority Enterprise Agreement 2023-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Civil Aviation Safety Authority. The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, which commenced operation on 6 June 2023. By reason of the transitional arrangements for the Amending Act and the notification time for the Agreement of 10 May 2023, the genuine agreement requirements for agreement approval in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023 apply to the present application. Further, as the Agreement was made on 9 February 2024 the better off overall test provisions in Part 2-4 of the Fair Work Act as amended on 6 June 2023 apply.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Association of Professional Engineers, Scientists and Managers, Australia, Community and Public Sector Union, Australian Licensed Aircraft Engineers Association and Australian Federation of Air Pilots being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers each organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 March 2024. The nominal expiry date of the Agreement is 16 November 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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