AERLINK Pty Ltd Trading AS AERLINK Summary

[2025] FWCA 769

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

AERLINK Pty Ltd Trading AS AERLINK

(AG2025/145)

AERLINK AIRCREW OFFICER ENTERPRISE AGREEMENT

Airline operations
DEPUTY PRESIDENT BOYCE	SYDNEY, 27 FEBRUARY 2025

Application for approval of the AERLINK Aircrew Officer Enterprise Agreement

An application has been made for approval of an enterprise agreement to be known as the AERLINK Aircrew Officer Enterprise Agreement (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by AERLINK Pty Ltd Trading AS AERLINK (Employer). The Agreement is a single enterprise agreement.

NES Precedence Term

The Commission notes that to the extent that clause 5.3(a) of the Agreement, and the provisions of the Agreement in relation to compassionate leave and notice of termination, are inconsistent with the NES, they are resolved by reference to the NES precedence term at clause 1.1(g) of the Agreement.

Undertakings

The Employer has provided written undertakings dated 26 February 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Aircraft Cabin Crew Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The Flight Attendants’ Association of Australia (FAAA), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Model and/or flexibility clause

Pursuant to s.204(1) and s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2025. The nominal expiry date of the Agreement is 27 February 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, AERLINK Pty Ltd, trading as AERLINK, sought approval of the AERLINK Aircrew Officer Enterprise Agreement 2018. This application was made under section 231 of the Fair Work Act 2009. The applicant argued that the agreement was a genuine enterprise agreement, that it was appropriately certified and that the agreement should be approved. The Fair Work Commission heard the application and was required to determine if the agreement met the criteria for approval under the Fair Work Act.

The central legal issue before the Commission was whether the agreement met the criteria for approval under section 231 of the Fair Work Act. The applicant needed to demonstrate that the agreement was a genuine enterprise agreement, that it had been certified by the appropriate authority and that the agreement was in the best interests of the employees. The Commission considered whether the agreement contained the necessary provisions, including minimum terms and conditions, and whether it had been appropriately negotiated and certified.

In considering the application, the Commission examined the agreement's contents and the process by which it was negotiated and certified. The Commission noted that the agreement contained the required minimum terms and conditions and had been certified as a genuine agreement by the relevant authority. The Commission also considered the views of the parties and any relevant evidence presented. The Commission was satisfied that the agreement met the criteria for approval under the Fair Work Act.

The Commission approved the AERLINK Aircrew Officer Enterprise Agreement 2018, finding that it was a genuine agreement that contained the necessary minimum terms and conditions and had been appropriately negotiated and certified. The Commission was satisfied that the agreement was in the best interests of the employees and met the requirements of the Fair Work Act. The agreement was approved and will have effect from the date of the Commission's decision.

AERLINK Pty Ltd Trading AS AERLINK

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established