Alliance Airlines Pty Limited

[2020] FWCA 5007

[2020] FWCA 5007

FAIR WORK COMMISSION

DECISION

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

Alliance Airlines Pty Limited
(AG2020/2177)

ALLIANCE AIRLINES PILOTS' (PERTH) ENTERPRISE AGREEMENT 2020

Airline operations
COMMISSIONER BOOTH	BRISBANE, 24 SEPTEMBER 2020

Application for approval of the Alliance Airlines Pilots' (Perth) Enterprise Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Alliance Airlines Pty Limited (the Applicant) for approval of the Alliance Airlines Pilots' (Perth) Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Mr James Mattner, Senior Industrial Officer of the Australian Federation of Air Pilots (AFAP), filed a Form F18 in this matter, providing notice under s.183 of the Act that it wants the Agreement to cover it.

[3] Mr Joshua Dalliston, Industrial Officer of the Transport Workers’ Union of Australia (TWU), filed a Form F18 in this matter, providing notice under s.183 of the Act that it wants the Agreement to cover it.

[4] Correspondence was sent to the Applicant on 18 August 2020, raising certain concerns in relation to the Agreement and seeking responses. The Applicant filed submissions addressing the concerns raised on 20 August 2020. The AFAP and TWU were provided with a copy of the response.

[5] The matter was listed for eHearing on 22 September 2020. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers. No parties contacted my Chambers.

[6] I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 14.3

•  Clause 20.2

[7] However, noting the NES precedence undertaking at clause 5.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[8] It is also noted that the flexibility term at clause 6.1 does not appear to be consistent with the requirements of the Act. Accordingly, the model flexibility term set out in the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[9] Concerns were raised in relation to clause 14.2 of the Agreement as prima facie, the clause appeared to provide for unlawful deductions. In accordance with s.326(1) of the Act, I note that an unlawful term has no effect.

[10] Subject to the matters raised at paragraphs [6]-[9], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[11] In accordance with s.201(2), I note that the Agreement covers the AFAP and TWU.

[12] The Agreement is approved and, in accordance with s.54 of the Act and clause 1.3.1 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 23 September 2024.

COMMISSIONER

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