Air Refuel Pty Ltd T/A Air Refuel Summary

[2024] FWCA 4559

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Air Refuel Pty Ltd T/A Air Refuel

(AG2024/4154)

AIR REFUEL ENTERPRISE AGREEMENT 2024

Airline operations
COMMISSIONER YILMAZ	MELBOURNE, 18 DECEMBER 2024

Application for approval of the Air Refuel Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Air Refuel Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Air Refuel Pty Ltd T/A Air Refuel. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I note that there appears to be a typographical error throughout clause 13 which contains multiple references to ‘clause 10’. I sought confirmation from the Applicant that references made to clause 10 throughout clause 13 are indeed a typographical error and the Applicant supported me correcting the references to clause 10 in the Agreement. Section 218A(1) provides that the Commission may vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form). Pursuant to subsection 218A(2)(a), the Commission may vary an enterprise agreement on its own initiative. Accordingly, I am satisfied that it is appropriate to amend clause 13 of the Agreement as this is an obvious error within the meaning of s.218A(1). I therefore amend clause 13 to delete where it says “clause 10” and replace it with “clause 13”. A copy of the Agreement as amended is published with this decision. For the purposes of s.218A(3) the variation operates from the date the Agreement commences operation.

The Transport Workers’ Union 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.

The Agreement is approved and in accordance with s.54, will operate from 25 December 2024. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Air Refuel Pty Ltd, trading as Air Refuel, which sought approval for the Air Refuel Enterprise Agreement 2024. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly regarding the bargaining process and the fairness of the terms and conditions it proposed. The Commission was tasked with determining whether the agreement should be certified and made binding on the parties involved.

The central legal issues in this case were whether the bargaining process was genuine and whether the terms and conditions of the agreement were fair. Specifically, the Commission needed to assess whether the agreement was made in good faith, whether the parties had genuinely attempted to negotiate, and whether the terms of the agreement were fair and reasonable. The Commission also had to consider the impact of the agreement on the employees and the broader workforce.

The Commission found that the bargaining process was genuine and that the agreement was made in good faith. It determined that both parties had engaged in meaningful negotiations and had made genuine efforts to reach an agreement. The Commission also found that the terms and conditions of the agreement were fair, taking into account the economic circumstances and the needs of the workforce. The Commission was satisfied that the agreement provided for a reasonable balance of outcomes for both the employer and the employees.

As a result, the Commission approved the Air Refuel Enterprise Agreement 2024. The agreement was certified and became binding on all employees covered by it, as well as on Air Refuel Pty Ltd. This decision ensured that the terms and conditions set out in the agreement would govern the employment relationship between the parties for the duration specified in the agreement.

Air Refuel Pty Ltd T/A Air Refuel

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established