National Jet Express Pty Ltd T/A Cobham Aviation Services Australia – Regional Services

[2019] FWCA 5789

[2019] FWCA 5789

FAIR WORK COMMISSION

DECISION

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

National Jet Express Pty Ltd T/A Cobham Aviation Services Australia – Regional Services
(AG2019/2046)

REGIONAL SERVICES CABIN CREW ENTERPRISE AGREEMENT 2016 - 2020

Airline operations
COMMISSIONER WILLIAMS	PERTH, 21 AUGUST 2019

Application for approval of the Regional Services Cabin Crew Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Regional Services Cabin Crew Enterprise Agreement 2016 - 2020 (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 t/a Cobham Aviation Services Australia – Regional Services. The Agreement is a single enterprise agreement.

[2] The Flight Attendants’ Association of Australia (National Division) (the FAAA) have filed a Form F18 Statutory Declaration of an Employee Organisation in Relation to an Application for Approval of an Enterprise Agreement, wherein they advise that they were a bargaining representative for the Agreement and do support approval of the Agreement by the Commission. The FAAA gives notice pursuant to section 183 that it wants to be covered by the Agreement. The FAAA however raises concerns regarding sub- clause 2.21 and subclause 4.5 of the Agreement. The Applicant has provided a submission in response to those concerns.

[3] I note that the Agreement at subclause 2.1 provides that it will be read and interpreted in conjunction with the National Employment Standards and provides that the National Employment Standards, where they provide a greater benefit to the employees than the Agreement, will prevail to the extent of any inconsistency. Separately, with respect to the better off overall test whilst there are a limited number of Award entitlements that have been omitted from the Agreement and some terms and conditions that are less beneficial in the Agreement than the equivalent in the Award, these are in my view clearly outweighed in terms of benefit to the employees by terms and conditions in the Agreement that are more beneficial than those in the Award or that are not conferred by the Award at all.

[4] The concerns raised by the FAAA are not a barrier to the Commission approving this Agreement.

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

[6] The Flight Attendants' Association of Australia and the Transport Workers' Union of Australia being bargaining representatives for the Agreement, have 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 organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 August 2019. The nominal expiry date of the Agreement is 30 June 2020.

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<AE504947  PR711516>