Jetstar Airways Pty Limited

[2022] FWCA 2646

[2022] FWCA 2646

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jetstar Airways Pty Limited

(AG2022/2348)

Jetstar Airways Stores Agreement 2019

Airline operations
COMMISSIONER MATHESON	SYDNEY, 4 AUGUST 2022

Application for approval of the Jetstar Airways Stores Agreement 2019.

1. An application has been made for approval of an enterprise agreement known as the Jetstar Airways Stores Agreement 2019 (Agreement). The application was made by Jetstar Airways Pty Limited (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

1. I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 5.1 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.

1. The Agreement contains the following cross-referencing errors:

The clause in which the cross-reference appears	The clause number presently showing	The intended cross-reference
8.4.1	9.3	7.3
8.4.4	7.4	7.3
31.2	0	31
14.2.1	12	11
11.2	15	14
11.3	15.1 16.2	13.1 14.2
12.8.1	Appendix 1, Table 2	Appendix 1, Table 4
14.5 14.3.5 36 37.3	Table 2, Appendix 1	Table 4, Appendix 1

1. To the extent that these errors impacted my assessment of the better off overall test, the Applicant was invited to provide undertakings.

1. The Applicant, as the employer covered by the Agreement, has provided written undertakings to address the errors and other issues impacting the better off overall test assessment. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

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

(b)result in substantial changes to the Agreement.

1. Pursuant to s.190(3) of the Act, I accept the Undertakings.

1. Subject to the Undertakings, 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2022. The nominal expiry date of the Agreement 4 August 2026.

COMMISSIONER

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Annexure A