Jet Aviation Australia Pty Ltd

[2021] FWCA 6266

[2021] FWCA 6266

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jet Aviation Australia Pty Ltd
(AG2021/7558)

JET AVIATION SYDNEY MRO ENTERPRISE AGREEMENT

Airline operations
COMMISSIONER MATHESON	SYDNEY, 13 OCTOBER 2021

Application for approval of the Jet Aviation Sydney MRO Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Jet Aviation Sydney MRO Enterprise Agreement (Agreement). The application was made by Jet Aviation Australia Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] Clause 4.3 of the Agreement contains an apparent error stating:

‘Where this Enterprise Agreement refers to a condition of employment provided for in the NES, the NES definition applies unless this Enterprise Agreement provides a more generous entitlement’ (emphasis added).

[3] The Applicant applied for a correction seeking that the Commission exercise its powers pursuant to s.586 of the Act so that the clause states:

‘Where this Enterprise Agreement refers to a condition of employment provided for in the NES, the NES conditionapplies unless this Enterprise Agreement provides a more generous entitlement’.

[4] I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act. I make the amendment.

[5]  I observe that clause 41.5 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 4.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Applicant has provided a written undertaking. A copy of the undertaking is attached at Annexure A of this decision (Undertaking). I am satisfied that the effect of accepting the Undertaking is not likely to: 

(a) cause financial detriment to any employee covered by the Agreement; or 

(b) result in substantial changes to the Agreement. 

[7] Pursuant to s.190(3) of the Act, I accept the Undertaking.

[8] Subject to the Undertaking, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

[9] 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 the Agreement to cover it.  In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation. 

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2021. The nominal expiry date of the Agreement is 31 March 2022.

COMMISSIONER

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Annexure A