Thai Airways International Public Company Limited
[2025] FWCA 52
•7 JANUARY 2025
| [2025] FWCA 52 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Thai Airways International Public Company Limited
(AG2024/4699)
THAI AIRWAYS INTERNATIONAL PUBLIC COMPANY LIMITED EMPLOYEE ENTERPRISE AGREEMENT 2024
| Airline operations | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 7 JANUARY 2025 |
Application for approval of the Thai Airways International Public Company Limited Employee Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Thai Airways International Public Company Limited Employee Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Thai Airways International Public Company Limited (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the 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.
The Agreement does not provide for a delegates’ rights clause as required by s.205A(1) of the Act. In accordance with s.201(1A), I note that clause 31A, Workplace delegates’ rights, in the Airline Operations – Ground Staff Award 2020 is to be taken to be a term of the Agreement.
I note that Clause 6.1 of the Agreement provides that:
“This Agreement will be read and interpreted in conjunction with the NES. Where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of any inconsistency.”
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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ANNEXURE A
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