Maurice Alexander Management Pty Ltd
[2023] FWCA 655
•1 MARCH 2023
| [2023] FWCA 655 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Maurice Alexander Management Pty Ltd
(AG2022/3564)
MAM Casual Flight Attendants Enterprise Agreement 2022
| Airline operations | |
| DEPUTY PRESIDENT GOSTENCNIK | MELBOURNE, 1 MARCH 2023 |
Application for approval of the MAM Casual Flight Attendants Enterprise Agreement 2022
Maurice Alexander Management Pty Ltd (applicant) has applied under s 185 of the Fair Work Act 2009 (Act) for the approval of a single enterprise agreement titled the MAM Casual Flight Attendants Enterprise Agreement 2022 (Agreement).
The approval application was initially opposed by the Flight Attendant’s Association of Australia (FAAA), a bargaining representative for the Agreement. The application was heard on 8 November 2022 and I issued a decision on 19 December 2022[1] in which I expressed concerns about whether the approval requirements in ss 186(2)(a) and (d) have been met[2] and I determined that the applicant would be given an opportunity to provide undertakings for my consideration before I finally determined the application.[3] At [120] of the 19 December 2022 decision, I directed the applicant to provide any proposed undertakings (after consulting with the FAAA) and to file and serve any further submissions. I also directed the FAAA to file and serve a response to any proposed undertakings and submissions of the applicant and I made allowance for the applicant to file and serve any reply.
The applicant has provided written undertakings and both parties have filed submissions. The FAAA has been consulted about the undertakings. It now supports the approval of the Agreement with the undertakings proffered by the applicant, and it considers that the undertakings meet the concerns raised in the 19 December 2022 decision. Considering the parties’ submissions, I agree. I am also 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. I therefore accept the undertakings. A copy of the undertakings is attached in Annexure A. The undertakings are taken to be a term of the Agreement.
As I noted at [119] of the 19 December 2022 decision, except for the matters therein identified, I was otherwise satisfied based on the material accompanying the application and the evidence admitted during the hearing that each of the other requirements of ss186 and 187 of the Act relevant to this application have been met. Therefore, with the undertakings referred to above, I am now satisfied that each of the requirements of ss186, 187, 188 and 190 as are relevant to this application for approval have been met.
The FAAA has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 8 March 2023. The nominal expiry date of the Agreement is 1 March 2026.
DEPUTY PRESIDENT
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Annexure
[1] [2022] FWC 3236
[2] [2022] FWC 3236 at [91]-[94], [96]-98] and [118]
[3] [2022] FWC 3236 [118], [120]
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