Pt Garuda Indonesia Ltd
[2024] FWCA 3021
•16 AUGUST 2024
| [2024] FWCA 3021 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Pt Garuda Indonesia Ltd
(AG2024/2782)
APPLICATION FOR APPROVAL OF THE P.T. GARUDA INDONESIA LTD ENTERPRISE AGREEMENT 2024
| Airline operations | |
| COMMISSIONER CRAWFORD | SYDNEY, 16 AUGUST 2024 |
Application for approval of the Garuda Indonesia Ltd Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the P.T. Garuda Indonesia Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by P.T. Garuda Indonesia Ltd (Applicant). The Agreement is a single enterprise agreement.
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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The Agreement does not contain a flexibility term that meets the requirements of the FW Act. 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
The Agreement does not contain a delegates’ rights term as required by s.205A of the FW Act. As a result, the workplace delegates’ rights term appearing in clause 31A of the Airline Operations - Ground Staff Award 2020 is taken to be a term of the Agreement.
Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Municipal, Administrative, Clerical and Services Union (ASU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ASU.
The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 16 August 2027.
COMMISSIONER
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