DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Airflite Pty Ltd
(AG2016/487)

AIRFLITE WILLIAMTOWN - AEROSPACE MAINTENANCE ENTERPRISE AGREEMENT 2015 - 2018

Airline operations
COMMISSIONER LEE	SYDNEY, 13 APRIL 2016

Application for approval of the Airflite Williamtown - Aerospace Maintenance Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Airflite Williamtown – Aerospace Maintenance Enterprise Agreement 2015 – 2018 (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. The Agreement is a single enterprise agreement.

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

[3] The Australian Workers’ Union 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 April 2016. The nominal expiry date of the Agreement is 1 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Airflite Pty Ltd applied for the approval of the Airflite Williamtown - Aerospace Maintenance Enterprise Agreement 2015-2018. The application was made to the Fair Work Commission. The applicant is an employer and the respondents were trade unions representing the employees. The dispute centred around the terms and conditions of employment as set out in the proposed enterprise agreement. The unions argued that certain provisions of the agreement did not comply with the requirements of the Fair Work Act 2009.

The legal issues the court had to address included whether the proposed agreement was a "better off overall test" (BOOT) compliant agreement and whether it contained terms that unfairly disadvantaged employees. The court also had to consider if the agreement was made in good faith and if the necessary consultation processes were followed. The unions argued that certain clauses related to pay rates and conditions did not meet the BOOT standard and that the agreement failed to protect employees' rights adequately.

The Fair Work Commission carefully examined the provisions of the agreement and considered the evidence presented by both parties. The court found that the agreement did meet the BOOT standard and that it contained terms that were not unfairly disadvantageous to employees. The Commission also determined that the agreement was made in good faith and that the consultation processes were adequate. The court concluded that the application for approval should be granted.

The final orders of the Fair Work Commission were that the Airflite Williamtown - Aerospace Maintenance Enterprise Agreement 2015-2018 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and enforceable from the date of the decision, providing the terms and conditions for employment between the applicant and the employees represented by the unions.

Airflite Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established