Skytraders Pty Ltd
[2025] FWCA 781
•28 FEBRUARY 2025
| [2025] FWCA 781 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Skytraders Pty Ltd
(AG2025/355)
SKYTRADERS ENTERPRISE AGREEMENT 2024
| Airline operations | |
| COMMISSIONER P RYAN | SYDNEY, 28 FEBRUARY 2025 |
Application for approval of the Skytraders Enterprise Agreement 2024
Skytraders Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Skytraders Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Section 190 Undertakings
The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.
Sections 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]
National Employment Standards
I observe that clause 46.3 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 6.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Section 183 Bargaining Representatives
The Australian Federation of Air Pilots (AFAP) has given notice under s.183 of the FW Act that it wants the Agreement to cover it.
In accordance with s.201(2), I note that the Agreement covers the AFAP.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 7 March 2025. The nominal expiry date of the Agreement is 28 February 2029.
COMMISSIONER
Annexure A
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
Printed by authority of the Commonwealth Government Printer
<AE528222 PR784876>
0
0
0