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

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CaseChat Overview and Summary

The case involved Express Freighters Australia (Operations) Pty Limited and the Australian Services Union. The dispute centred around the application for the approval of the Express Freighters Australia Operations Pty Ltd Enterprise Agreement 2014. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The primary legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement had been made in accordance with the procedural requirements of the Act, and if it contained the necessary terms to be considered a lawful enterprise agreement. Additionally, the Commission examined whether the agreement was in the best interests of the employees and whether it complied with the 'better off overall test', ensuring that no employee would be worse off than they would be under the applicable Award.

The Commission found that the agreement was made in accordance with the procedural requirements of the Fair Work Act and contained the necessary terms to be considered a lawful enterprise agreement. The Commission also found that the agreement was in the best interests of the employees, as it provided for a range of benefits that would be of value to them. Furthermore, the agreement met the better off overall test, as no employee would be worse off under the agreement than they would be under the applicable Award. The Commission approved the agreement, finding that it met all the necessary requirements for approval under the Act.

As a result of the approval, the Express Freighters Australia Operations Pty Ltd Enterprise Agreement 2014 is now a legally binding agreement between the parties. The agreement sets out the terms and conditions of employment for the employees covered by the agreement, including wages, hours of work, and other employment-related matters. The approval of the agreement provides certainty and stability for both the employer and employees, ensuring that their rights and obligations are clearly defined and understood.

Express Freighters Australia (Operations) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established