Jetstar Airways Pty Limited T/A Jetstar Airways
[2023] FWCA 1711
•13 JUNE 2023
| [2023] FWCA 1711 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Jetstar Airways Pty Limited T/A Jetstar Airways
(AG2023/1238)
JETSTAR AIRWAYS CABIN CREW (WIDEBODY) AGREEMENT 2023
| Airline operations | |
| COMMISSIONER P RYAN | SYDNEY, 13 JUNE 2023 |
Application for approval of the Jetstar Airways Cabin Crew (Widebody) Agreement 2023
Jetstar Airways Pty Limited (Employer) has made an application for approval of an enterprise agreement known as the Jetstar Airways Cabin Crew (Widebody) Agreement 2023 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Regulation 2.06 Requirements
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (FW Regulations). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.
Section 190 Undertakings
The Employer 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.
Sections 186, 187, 188 and 190
The Employer and the Transport Workers’ Union of Australia (TWU) each made submissions regarding various matters provided for in the Agreement. Having regard to those submissions, and subject to the undertakings referred to above, I am satisfied the employees covered by the Agreement will be better off overall and that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Section 183 Bargaining representatives
The Flight Attendants’ Association of Australia (FAAA) and the TWU, each being bargaining representatives for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.
In accordance with s.201(2) of the FW Act, I note that the Agreement covers the FAAA and the TWU.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 20 June 2023. The nominal expiry date of the Agreement is 30 September 2025.
COMMISSIONER
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