Menzies Aviation (Australia) Pty Ltd

[2014] FWCA 3409

[2014] FWCA 3409

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Menzies Aviation (Australia) Pty Ltd
(AG2014/1096)

MENZIES CARGO AND GROUND SERVICES ENTERPRISE AGREEMENT 2013

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 22 MAY 2014

Application for approval of the Menzies Cargo and Ground Services Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Menzies Cargo and Ground Services Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Menzies Aviation (Australia) Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 12 May 2014. The application included a Statutory Declaration of Kogilan Moodley made on behalf of the Employer and dated 5 May 2014, (the Declaration). The Declaration stated that the Agreement was made on 28 April 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 22 May 2014. I note that the file has included a Statutory Declaration of Luke Maroney made on behalf of the Transport Workers’ Union of Australia (the TWU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 25 and a consultation term at clause 24.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The TWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the TWU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 29 May 2014. The nominal expiry date of the Agreement as specified in clause 3.2 of the Agreement, is 30 June 2017.

COMMISSIONER

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