Virgin Australia Airlines Pty Ltd
[2024] FWCA 985
•19 MARCH 2024
| [2024] FWCA 985 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Virgin Australia Airlines Pty Ltd
(AG2024/723)
VIRGIN AUSTRALIA CABIN CREW AGREEMENT 2023 (EA6)
| Airline operations | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 19 MARCH 2024 |
Application for approval of the Virgin Australia Cabin Crew Agreement 2023 (EA6).
An application has been made for approval of an enterprise agreement known as the Virgin Australia Cabin Crew Agreement 2023 (EA6) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Virgin Australia Airlines Pty Ltd. The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
I note that the provisions at clause 2.24.5 and clause 2.24.9 in respect of withholding monies on termination are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.5.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Flight Attendants’ Association of Australia and the Transport Workers’ Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2024. The nominal expiry date of the Agreement is 31 August 2026.
DEPUTY PRESIDENT
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