Jet Aviation Australia Pty Ltd T/A Jet Aviation Australia

[2023] FWCA 1807

[2023] FWCA 1807

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jet Aviation Australia Pty Ltd T/A Jet Aviation Australia

(AG2023/1674)

JET AVIATION, CAIRNS MRO ENTERPRISE AGREEMENT 2023-2025

Airline operations
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 21 JUNE 2023

Application for approval of the Jet Aviation, Cairns MRO Enterprise Agreement 2023-2025

1. An application has been made for approval of an enterprise agreement known as the Jet Aviation, Cairns MRO Enterprise Agreement 2023-2025 (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 T/A Jet Aviation Australia. The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union and the Australian Licenced Aircraft Engineers Association, being the 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. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·           Clause 14.4 – Notice of Termination by an Employee;

·           Clause 42.5 – Personal Leave; and

·           Clause 44 – Compassionate Leave.

However, noting clause 4.2 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2023. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE520415  PR763378>

Annexure A