Network Turbine Solutions Pty Ltd

[2023] FWCA 670

[2023] FWCA 670

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Network Turbine Solutions Pty Ltd

(AG2023/250)

Network Turbine Solutions Engineering Enterprise Agreement 2023

Airline operations
DEPUTY PRESIDENT DOBSON	BRISBANE, 1 MARCH 2023

Application for approval of the Network Turbine Solutions Engineering Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Network Turbine Solutions Engineering 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 Network Turbine Solutions Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The Notice of Employee Representational Rights (NERR) distributed to employees appears to have named the Agreement as the Network Turbine Solutions Engineering Enterprise Agreement 2021 which was subsequently changed to Network Turbine Solutions Engineering Enterprise Agreement 2023 as bargaining progressed. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.

1. The Applicant has provided written undertakings. 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.

1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

1. Pursuant to s.190(3) of the Act, I accept the undertakings.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. I observe that the following provision may be inconsistent with the National Employment Standards (NES):

·   Clause 22.2(b) – Personal/Carers Leave expressed in hours rather than days

However, noting clause 5(c) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Australian Licensed Aircraft Engineers Association (ALAEA) lodged a Form F18 statutory declaration giving 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 the Agreement covers the ALAEA.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 May 2026.

DEPUTY PRESIDENT

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