Menzies Aviation Australia Pty Ltd T/A Menzies Aviation

[2019] FWCA 7925

[2019] FWCA 7925

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Menzies Aviation Australia Pty Ltd T/A Menzies Aviation
(AG2019/2302)

MENZIES AVIATION QUEENSLAND CARGO ENTERPRISE AGREEMENT 2019

Airline operations
COMMISSIONER LEE	MELBOURNE, 20 NOVEMBER 2019

Application for approval of the Menzies Aviation Queensland Cargo Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Menzies Aviation Queensland Cargo Enterprise Agreement 2019 (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 T/A Menzies Aviation. The Agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] 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.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 14.2 – Casual Employees

•  Clause 36.1 – Public Holidays

However, noting clause 5.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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Annexure A