Menzies Aviation (Ground Services) Australia Pty Ltd

[2019] FWCA 5595

[2019] FWCA 5595

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Menzies Aviation (Ground Services) Australia Pty Ltd
(AG2019/2277)

MENZIES AVIATION (SYDNEY AND MELBOURNE) CUSTOMER SERVICE ENTERPRISE AGREEMENT 2019

Airline operations
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 12 AUGUST 2019

Application for approval of the Menzies Aviation (Sydney and Melbourne) Customer Service Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Menzies Aviation (Sydney and Melbourne) Customer Service 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 (Ground Services) Australia Pty Ltd. 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that clauses 31.9, 32.6.2 and 33.12.1 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 30A 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 Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, 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.

[6] The Agreement was approved on 12 August 2019 and, in accordance with s.54, will operate from 19 August 2019. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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Annexure A