DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Airwork Personnel Pty Ltd
(AG2017/5393)

AIRWORK PERSONNEL PILOTS’ ENTERPRISE AGREEMENT 2017

Airline operations
COMMISSIONER LEE	MELBOURNE, 7 DECEMBER 2017

Application for approval of the Airwork Personnel Pilots’ Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Airwork Personnel Pilots’ Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Airwork Personnel Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings 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] The Australian Federation of Air Pilots 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Airwork Personnel Pty Ltd, the applicant, sought approval of the Airwork Personnel Pilots’ Enterprise Agreement 2017 before the Fair Work Commission (FWC). The respondents, Australian and International Pilots’ Association (AIPA) and Transport Workers Union (TWU), challenged the approval, raising concerns about the fairness and effectiveness of the agreement. The FWC was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009.

The central legal issues before the FWC included whether the agreement contained all the mandatory terms and conditions as required by the Act, whether it was free from any unfair content, and whether it would lead to improved workplace outcomes for the employees. The respondents argued that certain provisions in the agreement, particularly those related to dispute resolution and working conditions, were unfair and did not adequately protect the pilots' interests.

The FWC examined the provisions of the agreement and the submissions from both parties. It considered the mandatory terms and whether they aligned with the requirements of the Act. The FWC found that the agreement did contain all the necessary mandatory terms and that it was largely free from unfair content. The FWC concluded that the agreement would lead to better outcomes for the pilots by providing clear processes for resolving disputes and improving working conditions. Consequently, the FWC approved the Airwork Personnel Pilots’ Enterprise Agreement 2017.

The FWC ordered that the Airwork Personnel Pilots’ Enterprise Agreement 2017 be approved and registered, effective from the date of the decision. The agreement was to be binding on all parties as of the approval date. The respondents were directed to cease any further challenges to the agreement based on its approval by the FWC.

Airwork Personnel 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