Eastern Australia Airlines Pty Limited T/A Qantaslink
[2023] FWCA 681
•3 MARCH 2023
| [2023] FWCA 681 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Eastern Australia Airlines Pty Limited T/A Qantaslink
(AG2023/251)
Eastern Australia Airlines - Line Maintenance Aircraft Engineers Agreement 2023
| Airline operations | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 3 MARCH 2023 |
Application for approval of the Eastern Australia Airlines - Line Maintenance Aircraft Engineers Agreement 2023
An application has been made for approval of an enterprise agreement known as the Eastern Australia Airlines - Line Maintenance Aircraft Engineers Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eastern Australia Airlines Pty Limited T/A Qantaslink. The Agreement is a single enterprise agreement.
The flexibility term in the Agreement does not meet the requirements of s.203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the 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.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and The Australian Licensed Aircraft Engineers Association, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover their organisation. In accordance with s.201(2) I note that the Agreement covers these organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 March 2023. The nominal expiry date of the Agreement is 31 December 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE519374 PR751337>
Annexure A
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