Jet Aviation Australia Pty Ltd

[2022] FWCA 550

[2022] FWCA 550

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jet Aviation Australia Pty Ltd

(AG2021/9373)

Jet Aviation, Cairns MRO Enterprise Agreement 2021-2022

Airport operations
COMMISSIONER SIMPSON	BRISBANE, 18 FEBRUARY 2022

Application for approval of the Jet Aviation, Cairns MRO Enterprise Agreement 2021-2022

1. An application has been made for approval of an enterprise agreement known as the Jet Aviation, Cairns MRO Enterprise Agreement 2021-2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jet Aviation Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

1. Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Australian Licensed Aircraft Engineers Association (ALAEA) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) both lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the ALAEA and the AMWU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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