DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alliance Airlines Pty Limited
(AG2020/4000)

ALLIANCE AIRLINES PTY LTD AIRCRAFT ENGINEERS (ADELAIDE) ENTERPRISE AGREEMENT 2020

Airline operations
COMMISSIONER MCKINNON	MELBOURNE, 29 JANUARY 2021

Application for approval of the Alliance Airlines Pty Ltd Aircraft Engineers (Adelaide) Enterprise Agreement 2020.

[1] Application has been made by Alliance Airlines Pty Limited for approval of a single enterprise agreement known as the Alliance Airlines Pty Ltd Aircraft Engineers (Adelaide) Enterprise Agreement 2020 (the Agreement).

[2] A written undertaking has been given in accordance with section 190 of the Act and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] With the undertaking now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and will operate from 5 February 2021. The nominal expiry date of the Agreement is 28 January 2025.

[5] The Agreement covers the Australian Licensed Aircraft Engineers Association.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alliance Airlines Pty Limited recently appeared before the Fair Work Commission to seek approval for the Alliance Airlines Pty Ltd Aircraft Engineers (Adelaide) Enterprise Agreement 2020. The applicant, a major airline, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The nature of the dispute centred on the terms and conditions of employment for aircraft engineers based in Adelaide, and whether these terms complied with the statutory requirements for enterprise agreements.

The legal issues that the Commission had to address included whether the agreement met the formal requirements of the Fair Work Act, such as whether it was made in good faith, whether it was genuinely an enterprise agreement, and whether it contained all the prescribed minimum terms. Additionally, the Commission needed to ensure that the agreement provided for the protection of employee entitlements and that it did not unjustifiably disadvantage any employee.

In its decision, the Commission considered the submissions from both the applicant and the objectors to the agreement. It found that the agreement was made in good faith, was genuinely an enterprise agreement, and contained all the prescribed minimum terms. The Commission was satisfied that the agreement provided adequate protections for employee entitlements and did not unjustifiably disadvantage any employee. Therefore, the Fair Work Commission approved the application for the registration of the agreement.

Alliance Airlines Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established