Royal Brunei Airlines Sendirian Berhad
[2024] FWCA 2531
•9 JULY 2024
| [2024] FWCA 2531 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Royal Brunei Airlines Sendirian Berhad
(AG2024/2362)
ROYAL BRUNEI AIRLINES SDN BHD ENTERPRISE AGREEMENT 2024
| Airline operations | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 9 JULY 2024 |
Application for approval of the Royal Brunei Airlines Sdn Bhd Enterprise Agreement 2024.
An application has been made for approval of an enterprise agreement known as the Royal Brunei Airlines Sdn Bhd Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Royal Brunei Airlines Sendirian Berhad. The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 13 March 2024 and the Agreement was made on 17 June 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]
Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The Notice of Employee Representational Rights (NOERR) was not in the prescribed form, as the pre-reform version has been used. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(5) of the Act. Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188 of the Act.
The Agreement was approved on 9 July 2024 and, in accordance with s.54 of the Act, will operate from 16 July 2024. The nominal expiry date of the Agreement is 9 July 2027.
DEPUTY PRESIDENT
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.
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