DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Jet Systems Pty Ltd T/A Cobham Aviation Services – Airline Services
(AG2018/3694)

NATIONAL JET SYSTEMS PTY LIMITED CABIN CREW ENTERPRISE AGREEMENT 2018

Airline operations
COMMISSIONER MCKINNON	MELBOURNE, 5 MARCH 2019

Application for approval of the National Jet Systems Pty Limited Cabin Crew Enterprise Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the National Jet Systems Pty Limited Cabin Crew Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by National Jet Systems Pty Ltd T/A Cobham Aviation Services – Airline Services.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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.

[4] 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 they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2019. The nominal expiry date of the Agreement is 4 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, National Jet Systems Pty Ltd, trading as Cobham Aviation Services – Airline Services, applied for the approval of the National Jet Systems Pty Limited Cabin Crew Enterprise Agreement 2018. The applicant sought approval of the agreement under section 232 of the Fair Work Act 2009, which provides for the direct registration of enterprise agreements. The dispute centred on whether the agreement met the legal requirements for approval, including whether it provided for fair and reasonable terms and conditions.

The Commission examined whether the agreement was a genuine enterprise agreement, whether it was made in good faith, and if it provided for the terms and conditions of employment of the relevant employees. Additionally, the Commission assessed whether the agreement met the minimum standards set by the Fair Work Act, including provisions for minimum wages, penalties, leave entitlements, and other employment conditions. The Commission also considered submissions from both the applicant and the respondents regarding the fairness and reasonableness of the agreement's terms.

In its decision, the Commission determined that the agreement was a genuine enterprise agreement made in good faith. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and complied with the minimum standards required by the Fair Work Act. The Commission was satisfied that the agreement was beneficial to the employees and did not disadvantage them. Accordingly, the Commission approved the National Jet Systems Pty Limited Cabin Crew Enterprise Agreement 2018 under section 232 of the Fair Work Act 2009.

The Commission made orders approving the agreement and directed that it be registered with the Fair Work Commission. The agreement was to be in effect from the date of the Commission's decision and would remain in force until it was terminated or varied in accordance with the Fair Work Act. The Commission's decision provided clarity and certainty to the parties involved and ensured that the agreement met the legal requirements for approval.

National Jet Systems Pty Ltd T/A Cobham Aviation Services – Airline Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established