National Jet Operations Services Pty Ltd T/A National Jet Systems

[2023] FWCA 3153

[2023] FWCA 3153

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

National Jet Operations Services Pty Ltd T/A National Jet Systems

(AG2023/2471)

NATIONAL JET OPERATIONS SERVICES PTY LTD CABIN CREW ENTERPRISE AGREEMENT 2023

Airline operations
COMMISSIONER WILSON	MELBOURNE, 2 OCTOBER 2023

Application for approval of the National Jet Operations Services Pty Ltd Cabin Crew Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the National Jet Operations Services Pty Ltd Cabin Crew Enterprise Agreement 2023 (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 Operations Services Pty Ltd T/A National Jet Systems (the Applicant). The Agreement is a single enterprise agreement.

1. A decision detailing the chronology of the matter and considering whether the statutory approval tests had been met was issued by me on 21 September 2023 (the Interim Decision).[1] In the Interim Decision I found that the Agreement would be capable of meeting all legislative requirements if some of the undertakings already received were to be adopted, along with additional undertakings in order to address clauses which are inconsistent with the National Employment Standards.

1. On 26 September 2023, in compliance with Directions given in the Interim Decision, the Applicant submitted an amended set of undertakings in the terms sought by me (the Final Undertakings). On 27 September 2023 the Transport Workers' Union of Australia advised they had no objections to the Final Undertakings provided. On 28 September 2023 the Flight Attendants' Association of Australia advised they had no objections to the Final Undertakings provided.

1. A copy of the Final 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.

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.

1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The Transport Workers' Union of Australia and the Flight Attendants' Association of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 October 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Annexure A

[1] [2023] FWC 2432.

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