Skippers Aviation Pty Ltd

[2013] FWCA 8637

[2013] FWCA 8637

FAIR WORK COMMISSION

DECISION

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

Skippers Aviation Pty Ltd
(AG2013/11012)

SKIPPERS AVIATION PILOTS ENTERPRISE AGREEMENT 2013

Airline operations
COMMISSIONER CLOGHAN	PERTH, 1 NOVEMBER 2013

Application for approval of the Skippers Aviation Pilots Enterprise Agreement 2013.

[1] On 23 October 2013, Skippers Aviation Pty Ltd (Applicant) made application for approval of a single enterprise agreement to be known as the Skippers Aviation Pilots Enterprise Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 3 October 2013.

[3] Having received an explanation from the Applicant, I am satisfied that, in the circumstances, it is fair to extend the period for filing the application to 23 October 2013.

[4] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[5] Pursuant to s.190 of the FW Act, the Applicant has provided an undertaking that for the purpose of Clause 8: Consultation, employees may appoint a representative of their choice for the purposes of consultation. This undertaking forms part of the Agreement.

[6] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[7] The Australian Federation of Air Pilots (AFAP) has declared that the AFAP was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the AFAP supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the AFAP has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[8] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 8 November 2013.

[9] The nominal expiry date of this Agreement is 30 June 2016.

COMMISSIONER

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