National Jet Systems Pty Limited
[2024] FWCA 1107
•28 MARCH 2024
| [2024] FWCA 1107 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
National Jet Systems Pty Limited
(AG2024/773)
NATIONAL JET SYSTEMS PTY LIMITED CABIN CREW ENTERPRISE AGREEMENT 2023
| Airline operations | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 28 MARCH 2024 |
Application for approval of the National Jet Systems Pty Limited Cabin Crew Enterprise Agreement 2023
National Jet Systems Pty Limited has made an application for approval of an enterprise agreement known as the National Jet Systems Pty Limited Cabin Crew Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met. In particular, I am satisfied that the Agreement passes the ‘better off overall’ test against the relevant award. The Transport Workers’ Union of Australia (TWU) filed a form F18 in which it stated that it disagreed with certain statements in the employer declaration and identified various provisions of the Agreement that it said were less beneficial than those in the award. However, the Agreement provides for numerous entitlements that are more beneficial to employees than those in the award, including higher wages, and I am satisfied that these terms outweigh the respects in which the Agreement is less beneficial to employees than the award. In my view each award covered employee and each reasonably foreseeable employee will be better off overall under the Agreement. I reach this view having undertaken the global assessment required by s 193A(2).
The TWU also contended that the Agreement contained provisions less favourable than those in the National Employment Standards (NES). I do not consider this to be the case but note that in any event the Agreement contains a NES precedence clause (see clause 2.6). I am satisfied that the Agreement does not contravene s 55 which deals with the interaction between the NES and enterprise agreements.
The Flight Attendants’ Association of Australia (FAAA) and the TWU, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. As required by s 201(2), I note that the Agreement covers the FAAA and the TWU.
The Agreement was approved on 28 March 2024.
DEPUTY PRESIDENT
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