DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alliance Airlines Pty Limited
(AG2020/2776)

ALLIANCE AIRLINES PTY LTD AIRCRAFT ENGINEERS (NTH QLD) ENTERPRISE AGREEMENT 2020

Airline operations
COMMISSIONER YILMAZ	MELBOURNE, 13 OCTOBER 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Alliance Airlines Pty Ltd Aircraft Engineers (Nth QLD) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alliance Airlines Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Licensed Aircraft Engineers Association 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, will operate from 20 October 2020. The nominal expiry date of the Agreement is 12 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Alliance Airlines Pty Limited, an Australian airline, applied to the Fair Work Commission (FWC) for approval of the Alliance Airlines Pty Ltd Aircraft Engineers (Nth QLD) Enterprise Agreement 2020. The dispute centred on the terms and conditions outlined in the proposed enterprise agreement, which were to govern the employment of certain aircraft engineers within the company. The FWC was required to determine whether the proposed agreement complied with the Fair Work Act 2009 and other relevant legislation, and if it met the criteria for being approved as a safety-critical enterprise agreement.

The primary legal issues before the FWC were whether the proposed enterprise agreement adequately protected the interests of the employees, provided fair and reasonable terms, and whether it aligned with the safety-critical nature of the work performed by the aircraft engineers. The FWC needed to ensure that the agreement was not unduly harsh, unjust, or unreasonable, and that it provided for minimum terms and conditions of employment as stipulated by the Fair Work Act. Furthermore, the FWC had to assess if the agreement satisfied the safety-critical provisions under the Fair Work Act.

In its decision, the FWC considered the various provisions of the proposed agreement and the submissions made by both the applicant and the relevant unions. The FWC found that the proposed agreement did provide for minimum terms and conditions that were not less favourable than the applicable awards or the general industrial award. Additionally, the FWC determined that the agreement included provisions that were necessary for the safety-critical nature of the work. The FWC concluded that the proposed enterprise agreement met the criteria for approval under the Fair Work Act and did not contain any terms that were unduly harsh, unjust, or unreasonable.

As a result of the FWC's decision, the Alliance Airlines Pty Ltd Aircraft Engineers (Nth QLD) Enterprise Agreement 2020 was approved and registered. The terms and conditions outlined in the agreement would now govern the employment of the relevant aircraft engineers within Alliance Airlines, ensuring fair and reasonable terms, as well as compliance with safety-critical requirements.

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