Eastern Australia Airlines Pty Ltd T/A Qantaslink

[2018] FWCA 481

[2018] FWCA 481

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eastern Australia Airlines Pty Ltd T/A Qantaslink
(AG2017/4877)

EASTERN AUSTRALIA AIRLINES PTY LIMITED GROUP 2 GROUND STAFF ENTERPRISE AGREEMENT 2016

Airline operations
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 23 JANUARY 2018

Application for approval of the Eastern Australia Airlines Pty Limited Group 2 Ground Staff Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Eastern Australia Airlines Pty Limited Group 2 Ground Staff 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 Eastern Australia Airlines Pty Ltd T/A Qantaslink. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A and Annexure B. 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.

[3] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Clause 29.5 of the Agreement provides that where the employer obtains alternative employment for an employee, redundancy payments will not apply. Section 120(2) of the Act provides that on application by the employer, the Fair Work Commission (FWC) may determine that the amount of redundancy pay is reduced to a specified amount (which may be nil) that the FWC considers appropriate. In correspondence to the parties I informed them that this provision may be unenforceable. Accordingly I note that the provision will have no effect in the approved Agreement.

[5] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has 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 the organisation.

[6] The Agreement was approved on 23 January 2018 and, in accordance with s.54, will operate from 30 January 2018. The nominal expiry date of the Agreement is 31 January 2021.

COMMISSIONER

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<AE427060  PR599766>

Annexure A

Annexure B