Work Relations T/A Work Relations

[2024] FWCA 3153

[2024] FWCA 3153

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Work Relations T/A Work Relations

(AG2024/2951)

AAT MELBOURNE ENTERPRISE AGREEMENT 2024

Airline operations
COMMISSIONER CRAWFORD	SYDNEY, 30 AUGUST 2024

Application for approval of the AAT Melbourne Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the AAT Melbourne Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Aviation Training Australasia Pty Ltd (AAT). The Agreement is a single enterprise agreement.

1. The Australian Municipal, Administrative, Clerical and Services Union (ASU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. The ASU’s Form F18 also raised an issue with the content of the Form F17 declaration filed by AAT. AAT’s Form F17 identifies the relevant modern award for the better off overall test (BOOT) as the Miscellaneous Award 2020. While the ASU accepts the Miscellaneous Award 2020 is a relevant modern award, the ASU submits that the relevant modern award for technical workers employed by AAT is the Airline Operations – Ground Staff Award 2020. AAT rejects this argument and submits it does not fall within the “airline operations industry” as defined in clause 4 of the Airline Operations – Ground Staff Award 2020. 

1. The ASU accepts that the Agreement passes the BOOT when measured against both the Miscellaneous Award 2020 and the Airline Operations – Ground Staff Award 2020. I agree that the Agreement clearly passes the BOOT when measured against either instrument. That being the case, I do not consider I am required to resolve the award coverage contest to determine this application. Employees are awaiting wage increases that will apply under the Agreement, I do not consider it is appropriate to delay approving the Agreement while I receive the evidence that would be necessary to properly determine the award coverage point. Other options are available to the parties to have that issue resolved in the future, if necessary.

1. I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

1. Noting clause 3.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

1. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ASU.

1. The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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