DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alliance Airlines Pty Limited T/A Alliance Airlines Pty Limited
(AG2021/243)

ALLIANCE AIRLINES PTY LTD CABIN CREW (NTH QLD) ENTERPRISE AGREEMENT 2021

Airline operations
COMMISSIONER PLATT	ADELAIDE, 19 FEBRUARY 2021

Application for approval of the Alliance Airlines Pty Ltd Cabin Crew (Nth Qld) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Alliance Airlines Pty Ltd Cabin Crew (Nth Qld) Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Alliance Airlines Pty Limited T/A Alliance Airlines Pty Limited (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 17 February 2021.

[3] The Applicant has submitted an undertaking in the required form dated 18 February 2021. The undertaking deals with the following topics:

• Clause 29.2(b) will not have the effect of removing any entitlement an employee has to no safe job leave.

• Clause 15.5 has been amended to ensure that a period of notice (reduced or waived) will not be less than the period of notice required by the National Employment Standards.

[4] No bargaining representatives were appointed.

[5] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[6] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 18 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Alliance Airlines Pty Limited, trading as Alliance Airlines Pty Limited, which applied to the Fair Work Commission for the approval of the Alliance Airlines Pty Ltd Cabin Crew (Nth Qld) Enterprise Agreement 2021. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission, presided over by Deputy President M Williams, was tasked with determining if the agreement contained the requisite good faith provisions and if it complied with the legislative requirements.

The legal issues before the court encompassed the interpretation and application of the good faith bargaining provisions in section 230 of the Fair Work Act. The court had to ascertain whether the parties involved in the agreement had genuinely engaged in the bargaining process and if the agreement reflected the outcomes of such negotiations. Additionally, the court had to examine if the agreement complied with other statutory requirements, such as those concerning the protection of employees' rights and the avoidance of adverse economic consequences.

In its reasoning, the Fair Work Commission examined the evidence provided by both Alliance Airlines and the union representatives. The Commission found that the agreement had been made in good faith, with both parties participating actively in the negotiation process. The court was satisfied that the agreement reflected the outcomes of genuine negotiations and contained provisions that protected the rights of the employees. Furthermore, the Commission determined that the agreement did not lead to adverse economic consequences for the airline or its employees. Based on these findings, the Commission approved the agreement, affirming its compliance with the statutory requirements.

The final orders of the Commission approved the Alliance Airlines Pty Ltd Cabin Crew (Nth Qld) Enterprise Agreement 2021, recognising its validity and enforceability under the Fair Work Act. The Commission's decision underscored the importance of genuine bargaining and the protection of employee rights in the formation of enterprise agreements.

Alliance Airlines Pty Limited T/A 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