Federal Express Corporation
[2022] FWCA 3335
•26 SEPTEMBER 2022
| [2022] FWCA 3335 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Federal Express Corporation
(AG2022/3846)
Federal Express Corporation (Aviation Maintenance) Fair Work Agreement 2022
| Road transport industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 26 SEPTEMBER 2022 |
Application for approval of the Federal Express Corporation (Aviation Maintenance) Fair Work Agreement 2022
An application has been made for approval of an enterprise agreement to be known as the Federal Express Corporation (Aviation Maintenance) Fair Work Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Federal Express Corporation (Employer). The Agreement is a single enterprise agreement.
There was an issue raised by the Commission with the Employer as to an apparent typographical error in Annexure A to the Agreement. The Employer filed a revised and corrected Annexure A to the Agreement. I am satisfied that this correction should be made, and that it is appropriate to do so. Pursuant to s.586 of the Act, I make the correction and publish the Agreement in its corrected form.
Undertakings
The Employer has provided written undertakings dated 26 September 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Airline Operations – Ground Staff Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisation
The Australian Licenced Aircraft Engineers Association, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 2022. The nominal expiry date of the Agreement is 30 September 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE517556 PR746205>
Annexure A
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