United Airlines, Inc.

[2013] FWCA 8668

[2013] FWCA 8668

FAIR WORK COMMISSION

DECISION

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

United Airlines, Inc.
(AG2013/10995)

UNITED AIRLINES MAINTENANCE STAFF ENTERPRISE COLLECTIVE AGREEMENT VI [2013-2016]

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 4 NOVEMBER 2013

Application for approval of the United Airlines Maintenance Staff Enterprise Collective Agreement VI [2013-2016].

[1] An application has been made for approval of an enterprise agreement known as the United Airlines Maintenance Staff Enterprise Collective Agreement VI [2013-2016] (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by United Airlines, Inc. (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 22 October 2013. The application included a Statutory Declaration of Alena-Rae Stewart made on behalf of the Employer and dated 18 October 2013, (the Declaration). The Declaration stated that the Agreement was made on 9 October 2013. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 4 November 2013. I note that the file has included a Statutory Declaration of Noel Evan Speers made on behalf of the Australian Licenced Aircraft Engineers Association (the ALAEA), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 26 and a consultation term at clause 24.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The ALAEA, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the ALAEA.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 11 November 2013. The nominal expiry date of the Agreement as specified in clause 3 of the Agreement, is 1 July 2016.

COMMISSIONER

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