Menzies Aviation (Australia) Pty Ltd T/A Menzies Aviation

Case •

[2023] FWCA 478

•

15 FEBRUARY 2023
[2023] FWCA 478

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Menzies Aviation (Australia) Pty Ltd T/A Menzies Aviation

(AG2022/5307)

MENZIES CARGO AND GROUND SERVICES AND THE TWU OF AUSTRALIA ENTERPRISE AGREEMENT 2022

Airport operations

COMMISSIONER P RYAN

SYDNEY, 15 FEBRUARY 2023

Application for approval of the Menzies Cargo and Ground Services & the TWU Enterprise Agreement 2022

  1. enterprise agreement known as the Menzies Cargo and Ground Services and the TWU of Australia Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

  1. 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

  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.

Model Flexibility Term

  1. The Agreement does not contain a flexibility term that meets the requirements of s.203 of the FW Act. Pursuant to s.202(4) of the FW Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Section 183 Bargaining Representatives

  1. The Transport Workers’ Union (TWU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

  1. In accordance with s.201(2), I note that the Agreement covers the TWU.

Approval

  1. The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 22 February 2023. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE519192  PR750646>

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