Fair Work (Registered Organisations) Act 2009
Fair Work Commission
Terrace Tower
Level 8, 80 William Street
EAST SYDNEY NSW 2011
NOTICE OF APPLICATION FOR THE REGISTRATION OF
AN ASSOCIATION OF EMPLOYEES (OTHER THAN AN ENTERPRISE ASSOCIATION)
(D2013/117)
NOTICE is given that an application has been made under the Fair Work (Registered Organisations) Act 2009 for the registration of an association called “Australian Aircrew Officers Association” as an organisation of employees.
A copy of the application has been published on the website of the Fair Work Commission at: <http://www.fwc.gov.au> (under “Registered Organisations”, click on “Gazette Notices").
Alternatively, a copy of the application can be obtained on request from the Fair Work Commission. Requests should be directed to David Vale, Fair Work Commission, Level 8, 80 William Street, East Sydney NSW 2011 (Fax: (02) 9380 6990 or E-mail: orgs@fwc.gov.au).
The eligibility rules of the association are:
“2. DESCRIPTION OF INDUSTRY
a) The industry in or in connection with which the Association is formed is the International Aviation Industry.
5. ELIGIBILITY FOR MEMBERSHIP
a). The following persons are eligible for membership of the Association;
i) any person who is employed by Cathay Pacific Airways Ltd as a flight crew officer and who is engaged, or usually engaged:
(1) in or in connection with Australia; or
(2) in Constitutional Trade or Commerce by virtue of flights between Australia and a place outside of Australia;
ii) any person, who, being an independent contractor, would if as an employee performing the work of the kind they usually perform as an independent contractor, qualify for membership in accordance with sub-rule i); and
iii) any person who is an Officer of the Association.
b) Notwithstanding sub-rule a) any member of the Association, whose employment with Cathay Pacific Airways Ltd as an Aircrew Officer is terminated, may retain membership for either the period equalling the notice of termination given to the member or six (6) months, whichever is the greater.
c) Provided that if the termination of the members’ employment is contested by the member, then the period of membership arising from sub-rule b) may be extended beyond the period provided by sub-rule b) by determination of the General Committee for the period the General Committee considers appropriate.
d) For the purpose of this rule:
i) “Cathay Pacific Airways Ltd” includes its assigns, successors, any entity created as a consequence of a merger, sale or restructure of any kind and also includes any subsidiary or associated or related entity of any description that is controlled by or operated for the benefit of Cathay Pacific Airways Limited or any of its subsidiaries, assigns or successors; and
ii) “flight crew officer” means a person who performs (whether with or without other duties) duties as a pilot, navigator or flight engineer of aircraft, and includes a person being trained for the performance of such duties.”
Any interested organisation registered under the Fair Work (Registered Organisations) Act 2009, association or person who desires to object to the application may do so by lodging with the Fair Work Commission, marked to the attention of David Vale, a notice of objection accompanied by a written statement within thirty-five (35) days after the publication of this advertisement and by serving on the organisation, whose address for service is C/- Hall Payne Lawyers, Ground Floor, 27 Peel Street, SOUTH BRISBANE, QLD, 4101 within seven (7) days after the notice of objection has been lodged, copies of the notice of objection and written statement so lodged.
Bernadette O’Neill
General Manager
Fair Work Commission