Express Freighters Australia (Operations) Pty Limited

[2015] FWCA 828

[2015] FWCA 828

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Express Freighters Australia (Operations) Pty Limited
(AG2014/10461)

EXPRESS FREIGHTERS AUSTRALIA OPERATIONS PTY LTD ENTERPRISE AGREEMENT 2014

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 4 FEBRUARY 2015

Application for approval of the Express Freighters Australia Operations Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Express Freighters Australia Operations Pty Ltd Enterprise Agreement 2014(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Express Freighters Australia Operations Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 22 December 2014. The application included a Statutory Declaration of Edward Haggerty made on behalf of the Employer and dated 22 December 2014 (the Declaration). The Declaration stated that the Agreement was made on 8 December 2014. 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 4 February 2015. I note that the file has included a Statutory Declaration of Gordon Terrill made by an employee representative in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 23 and a consultation term at clause 22.

[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 Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 11 February 2015. The nominal expiry date of the Agreement as specified in clause 1.2 of the Agreement, is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE412490  PR560698>