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

[2013] FWCA 1500

[2013] FWCA 1500

FAIR WORK COMMISSION

DECISION

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

National Jet Systems Pty Ltd T/A Cobham Aviation Services - Airline Services
(AG2013/5056)

NATIONAL JET SYSTEMS PTY LIMITED CABIN CREW ENTERPRISE AGREEMENT 2012-2016

Airline operations
COMMISSIONER HAMPTON	ADELAIDE, 12 MARCH 2013

National Jet Systems Pty Limited Cabin Crew Enterprise Agreement 2012-2016.

[1] An application has been made for approval of an enterprise agreement known as the National Jet Systems Pty Limited Cabin Crew Enterprise Agreement 2012-2016 (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 (NJS). The Agreement is a single-enterprise agreement.

[2] The Flight Attendants’ Association of Australia (the FAAA), 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) of the Act I note that the Agreement covers the organisation.

[3] On 4 March 2013, I conducted a telephone conference of the parties to seek clarification about aspects of the Agreement. In particular, I raised concerns that arose from material provided to the Fair Work Commission by a number of part-time flight attendants who are subject to the Agreement. These concerns arise from the inclusion of a provision within clause 27 of the Agreement purporting to permit NJS to allocate specific period of annual leave to part-time cabin crew members.

[4] NJS and the FAAA subsequently provided written submissions regarding the intended operation of this provision and compliance with the relevant statutory approval requirements in that light. In addition, the parties proposed formal written undertakings which are appended to the Agreement as approved.

[5] In accordance with the Act I have sought the views of the bargaining representatives on these undertakings. I was satisfied that the undertakings clarified the intentions of the parties in a beneficial manner that was consistent with the relevant requirements of the Act and adequately dealt with the concerns that I held about the provision.

[6] On that basis I accepted the undertakings pursuant to s.190 of the Act and as a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. In so finding, I confirm that although some of all of the part-time crew members may have opposed the approval of the Agreement as part of the workplace vote, the statutory process has been followed and that a valid majority of employees have approved the instrument within the meaning of the Act.

[8] Further, the Agreement as applied subject to the undertakings is such that all classes of employees, including the part-time employees, will be better off overall with the approval of the Agreement within the meaning of s.193 of the Act. 1 In addition, subject to the operation of the undertakings that now form part of the Agreement, I am satisfied that the Agreement provision is reasonable so as to be consistent with s.93(3) of the Act.2

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 March 2013. The nominal expiry date of the Agreement is 11 March 2017.

COMMISSIONER

 1   The better off overall test requires that I compare the Agreement package with the relevant modern award.

 2   This also therefore meets the requirements of s.186(2)(c) of the Act.

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