Cobham NAS Pty Ltd T/A Cobham Aviation Services Australia
[2023] FWCA 922
•29 MARCH 2023
| [2023] FWCA 922 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Cobham NAS Pty Ltd T/A Cobham Aviation Services Australia
(AG2023/620)
COBHAM NAS LOGISTICS ENTERPRISE AGREEMENT 2021- 2025
| Airline operations | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 29 MARCH 2023 |
Application for approval of the COBHAM NAS LOGISTICS Enterprise Agreement 2021-2025.
An application has been made for approval of an enterprise agreement known as the COBHAM NAS LOGISTICS Enterprise Agreement 2021-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cobham NAS Pty Ltd T/A Cobham Aviation Services Australia. The Agreement is a single enterprise agreement.
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.
I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.9.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2023. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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