Express Freighters Australia (Operations) Pty Ltd

[2022] FWCA 2986

[2022] FWCA 2986

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Express Freighters Australia (Operations) Pty Ltd

(AG2022/3520)

Express Freighters Australia Operations Pty Ltd Enterprise Agreement 2021

Airline operations
DEPUTY PRESIDENT DEAN	CANBERRA, 30 AUGUST 2022

Application for approval of the Express Freighters Australia Operations Pty Ltd Enterprise Agreement 2021

1. An application has been made for approval of a multi-enterprise agreement known as the Express Freighters Australia Operations Pty Ltd Enterprise Agreement 2021 (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.

1. I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

1. I note that the provisions at clause 6.1 (Personal Leave) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 21 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Australian and International Pilots Association and the Australian Federation of Air Pilots, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2022. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

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