Inflight Logistics Services PTY LTD trading as Gate Aviation Services

[2014] FWCA 582

[2014] FWCA 582

FAIR WORK COMMISSION

DECISION

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

Inflight Logistics Services PTY LTD trading as Gate Aviation Services
(AG2013/12768)

GATE AVIATION SERVICES ENTERPRISE AGREEMENT 2013 - 2017

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 23 JANUARY 2014

Application for approval of the Gate Aviation Services Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Gate Aviation Services Enterprise Agreement 2013 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Inflight Logistics Services PTY LTD trading as Gate Aviation Services (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 19 December 2013. The application included a Statutory Declaration of Brigitte Fairbank made on behalf of the Employer and dated 19 December 2013 (the Declaration). The Declaration stated that the Agreement was made on 5 December 2013. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] The Fair Work Commission (the Commission) has received correspondence dated 6 January 2014, from the Employer which included an Undertaking made by and duly signed by the Employer, and proposed to the Commission pursuant to s.190 of the Act (the Undertaking).

[4] Part 2-4 of the Act includes various procedural requirements that must be satisfied before 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.

[5] The application for approval was listed for Hearing in Chambers before the Commission on 23 January 2014. I note that the file has included a Statutory Declaration of Wayne Mader made on behalf of the Transport Workers’ Union of Australia (the TWU), as an employee organisation in relation to the application.

[6] I note that the Agreement contains a flexibility term at clause 11 and a consultation term at clause 13.

[7] I am prepared to accept the Undertaking. As provided by s.191 of the Act, the Undertaking is taken to be a term of the Agreement. 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.

[8] The TWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the TWU.

[9] The Agreement as varied by the Undertaking is approved. In accordance with subsection 54 (1) of the Act it will operate from 30 January 2014. The nominal expiry date of the Agreement as specified in clause 4 of the Agreement, is 31 January 2017.

COMMISSIONER

Undertakings:

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