Application for approval of the Federal Express Corporation (Aviation Maintenance) Fair Work Agreement 2024

[1] Federal Express Corporation has applied for approval of an enterprise agreement known as the Federal Express Corporation (Aviation Maintenance) Fair Work Agreement 2024 ("Agreement"). The application is made under s 185 of the Fair Work Act 2009 ("Act"). The Agreement is a single enterprise agreement.

[2] The Australian Licenced Aircraft Engineers' Association ("ALAEA") was a bargaining representative for the Agreement. It supports the approval of the Agreement.

[3] In a number of respects, the Agreement might be read as being inconsistent with the National Employment Standards and imposing terms that are less beneficial to employees. That is:

1. Clause 13.4.1 (which relates to sick leave) and clause 13.4.2 (which relates to carer's leave) require an employee to inform their manager of their absence at least one hour prior to their rostered start time. In contrast, s 107(2)(a) of the Act provides that an employee must provide notice "as soon as practicable (which may be a time after the leave has started)".

2. Each of clauses 13.4.1 (sick leave), 13.4.2 (carer's leave), 13.4.4 (volunteer emergency services and bush fire-fighters leave), 13.5 (compassionate leave) and 13.7 (jury service leave) require an employee to substantiate the reason for their absence with evidence "which is considered suitable by [their] manager". The relevant provisions of the Act - ss 107(3) and 110(3) - require an employee to provide evidence "that would satisfy a reasonable person" that the absence is for the reason claimed.

3. Clause 13.4.4 purports to limit "volunteer emergency services and bush fire-fighters leave" to five days per occasion. Section 108(b) requires that any absence on community service leave, apart from jury service, be "reasonable in all the circumstances". Whether or not an absence beyond five days is reasonable cannot necessarily be determined in advance.

4. Clause 13.5 deals with compassionate leave. On its terms, it is limited to situations in which a member of an employee's immediate family develops an illness or sustains an injury which poses a serious threat to their life, or who dies. The clause does not contemplate compassionate leave in the event that a child is stillborn or where the employee, or the employee's spouse or de facto partner, has a miscarriage, as provided for in s 104(1)(b) and (c).

[4] Having noted these matters, clause 2 of the Agreement provides that where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit to employees, the NES will prevail to the extent of the inconsistency. This should ensure that the provisions to which I have referred are not applied in a manner contrary to the NES. In raising the issues, it is my intention to ensure that this is the case.

[5] Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application have been met.

[6] The ALAEA has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2) of the Act, I note that the Agreement covers the ALAEA.

[7] The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 21 March 2025. The nominal expiry date of the Agreement is 30 September 2026.

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