DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alliance Airlines Pty Limited
(AG2020/2049)

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

Airline operations
COMMISSIONER WILLIAMS	PERTH, 7 AUGUST 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Alliance Airlines Pty Ltd Aircraft Engineers (Perth) 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Licenced 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 August 2020. The nominal expiry date of the Agreement is 6 August 2024.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alliance Airlines Pty Limited sought approval for the Alliance Airlines Pty Ltd Aircraft Engineers (Perth) Enterprise Agreement 2020 from the Fair Work Commission. The application involved the approval of an enterprise agreement under the Fair Work Act 2009, specifically focusing on the terms and conditions of employment for aircraft engineers in Perth. The dispute centred on whether the agreement met the requirements for "registered" status, including the necessity for "direct" bargaining between the parties and the application of "good faith" in the negotiation process.

The legal issues before the Commission included determining whether the agreement was the product of direct bargaining between the parties and whether there was evidence of good faith in the negotiation process. Additionally, the Commission examined whether the agreement satisfied the statutory criteria for registration, including provisions for minimum wages and other essential terms and conditions. The applicant argued that the agreement was the result of direct negotiations and good faith bargaining, while no party contested the agreement's substance, only the process of its negotiation.

The Commission found that the agreement was indeed the product of direct bargaining between the applicant and the relevant union. It concluded that the process, while not perfect, demonstrated sufficient good faith efforts by the parties to reach an agreement. The Commission emphasised that while the process was not ideal, it did not fall short of the statutory requirements for direct bargaining and good faith. Consequently, the Commission approved the agreement, finding it met all necessary criteria for registration.

The Fair Work Commission approved the Alliance Airlines Pty Ltd Aircraft Engineers (Perth) Enterprise Agreement 2020, granting it registered status. The Commission's decision confirmed the agreement's compliance with the statutory requirements for direct bargaining and good faith, despite acknowledging some procedural shortcomings. This ruling ensures that the terms and conditions outlined in the agreement are legally enforceable between the parties.

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