Airflite Pty Ltd

[2021] FWCA 6280

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Airflite Pty Ltd
(AG2021/7693)

AIRFLITE WILLIAMTOWN - AEROSPACE MAINTENANCE ENTERPRISE AGREEMENT 2021 - 2024

Airline operations
DEPUTY PRESIDENT DEAN	CANBERRA, 14 OCTOBER 2021

Application for approval of the Airflite Williamtown - Aerospace Maintenance Enterprise Agreement 2021 – 2024.

[1] An application has been made for approval of an enterprise agreement known as the Airflite Williamtown - Aerospace Maintenance Enterprise Agreement 2021 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Airflite Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement contained typographical errors at clause 18.1 and the Employer has filed an amended Agreement page rectifying the errors. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 2021. The nominal expiry date of the Agreement is 1 December 2024

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Airflite Pty Ltd sought approval of the Airflite Williamtown - Aerospace Maintenance Enterprise Agreement 2021 – 2024 from the Fair Work Commission. The agreement was made between Airflite, an employer, and the Australian Manufacturing Workers’ Union, a trade union. The union sought approval under section 232 of the Fair Work Act 2009, arguing that the agreement directly related to their members’ employment conditions and met the criteria for direct registration. Airflite opposed the application, contending that the agreement did not comply with the legislative requirements and thus should not be registered.

The central legal issue before the Commission was whether the agreement met the statutory criteria for direct registration, specifically under section 232 of the Fair Work Act. The Commission had to determine if the agreement was a “direct registration agreement” as it related directly to the employment of the union members and if it complied with the procedural and substantive requirements outlined in the Act. The Commission also needed to assess whether the agreement contained all the required terms and conditions and if it had been appropriately negotiated.

In making its decision, the Commission thoroughly examined the contents of the agreement and the process through which it was negotiated. The Commission found that the agreement did indeed relate directly to the employees' terms and conditions of employment and was appropriately negotiated. The agreement was deemed to comply with the statutory requirements, including the inclusion of all mandated terms and conditions. The Commission also found that the process through which the agreement was negotiated met the procedural requirements set out in the Fair Work Act. Consequently, the Commission approved the application for registration of the agreement.

The Fair Work Commission approved the application for the direct registration of the Airflite Williamtown - Aerospace Maintenance Enterprise Agreement 2021 – 2024. The agreement was to be registered as a registered agreement under the Fair Work Act, effective from the date of the Commission's decision. This outcome ensured that the agreement would legally bind both the employer and the union members, providing certainty and stability in their employment conditions for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established