National Jet Express Pty Ltd

[2023] FWCA 2318

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

National Jet Express Pty Ltd

(AG2023/2287)

NATIONAL JET EXPRESS LOGISTICS ENTERPRISE AGREEMENT 2021 - 2025

Airline operations
COMMISSIONER WILSON	MELBOURNE, 26 JULY 2023

Application for approval of the National Jet Express LOGISTICS Enterprise Agreement 2021 - 2025

An application has been made for approval of an enterprise agreement known as the National Jet Express LOGISTICS Enterprise Agreement 2021 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Jet Express Pty Ltd. The Agreement is a single enterprise agreement.

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.

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 Transport Workers' Union of Australia 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 August 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

National Jet Express Pty Ltd, the applicant, sought approval of the National Jet Express Logistics Enterprise Agreement 2021-2025 from the Fair Work Commission. The application was brought before the Commission to determine whether the proposed agreement met the necessary requirements under the Fair Work Act 2009. The dispute centred on whether the agreement contained provisions that complied with the Act's standards, particularly regarding minimum wages, conditions, and the proper negotiation process.

The court was required to assess if the agreement was genuinely negotiated and if it adhered to the provisions set forth in the Fair Work Act. It was also necessary to verify that the agreement met the 'better off overall test', ensuring that the employees were not worse off than they would be under the applicable awards. Furthermore, the court had to consider if the agreement's provisions were consistent with the principles of industrial fairness and did not include any unlawful or unfair terms.

The Fair Work Commission found that the agreement was genuinely negotiated and met the requirements of the Act. The Commission was satisfied that the agreement provided employees with conditions that were at least as good as those provided by the applicable awards and that it passed the 'better off overall test'. The Commission also found that the agreement contained provisions consistent with the principles of industrial fairness and did not include any unlawful or unfair terms. Consequently, the Commission approved the National Jet Express Logistics Enterprise Agreement 2021-2025.

The final orders included the approval of the National Jet Express Logistics Enterprise Agreement 2021-2025, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission, and the applicant was directed to provide a copy of the approved agreement to the Commission within a specified timeframe. Additionally, the applicant was required to comply with any further directions or orders of the Commission in relation to the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established