austlii:cth/FWCA/2026/800
General information, not legal advice.
FWCA
2026-04-02
Original judgment source is linked above.
s.185 - Enterprise agreement
Regional Express Holdings Limited T/A Regional Express
REGIONAL EXPRESS FLIGHT ATTENDANTS' ENTERPRISE AGREEMENT 2025-2029
Application for approval of the Regional Express Flight Attendants' Enterprise Agreement 2025-2029
[1] Regional Express Holdings Limited (Employer) has made an application for approval of an enterprise agreement known as the Regional Express Flight Attendants' Enterprise Agreement 2025-2029 (Agreement) pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, has been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).
[4] Pursuant to s 205A(2) of the Act, the workplace delegates' rights term prescribed by the Aircraft Cabin Crew Award 2020 is taken to be a term of the Agreement.
[5] I observe that clause 32.6.3 of the Agreement (parental leave notice period) is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[6] The Flight Attendants' Association of Australia being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note that the Agreement covers the organisation.
[7] The Agreement is approved and, in accordance with s 54, will operate from 9 April 2026. The nominal expiry date of the Agreement is 30 June 2029.
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