Alliance Airlines Pty Limited

[2020] FWCA 6043

[2020] FWCA 6043

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Alliance Airlines Pty Limited
(AG2020/3050)

ALLIANCE AIRLINES PTY LTD CABIN CREW (BRISBANE) ENTERPRISE AGREEMENT 2020

Airline operations
COMMISSIONER HUNT	BRISBANE, 11 NOVEMBER 2020

Application for approval of the Alliance Airlines Pty Ltd Cabin Crew (Brisbane) Enterprise Agreement 2020.

[1] Alliance Airlines Pty Limited (the Employer) has applied for approval of an enterprise agreement known as the Alliance Airlines Pty Ltd Cabin Crew (Brisbane) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of Ms Clover Astle, being an employee bargaining representative for the Agreement, regarding the undertakings. No responses were received from Ms Astle.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I informed the Employer that Clause 6, Flexibility Term, does not satisfy the terms of the Act, and accordingly, the model flexibility term per schedule 2.2 of the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 November 2020. The nominal expiry date of the Agreement is 11 November 2023.

COMMISSIONER

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Annexure A