austlii:cth/FWCA/2026/278
General information, not legal advice.
FWCA
2026-02-06
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
REGIONAL EXPRESS GROUND SERVICES AGREEMENT 2025
Application for approval of the Regional Express Ground Services Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Regional Express Ground Services Agreement 2025 (Agreement). The Application was made by Regional Express Holdings Limited pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
[2] I am satisfied that each requirement of ss186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.
[3] To avoid doubt, clause 31A of the Airline Operations - Ground Staff Award 2020 as amended by the Full Bench on 23 January 2026 will be taken to be a term of the Agreement and will be taken to be the version of the delegates' rights clause that is referenced in clause 49 of the Agreement.
[4] Noting clause 4.1 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.
[5] The Transport Workers' Union of Australia (TWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the TWU.
[6] 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 2029.

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