DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alliance Airlines Pty Limited T/A Alliance Airlines Pty Limited
(AG2021/4891)

ALLIANCE AIRLINES PTY LTD CABIN CREW (DARWIN) ENTERPRISE AGREEMENT 2021

Airline operations
DEPUTY PRESIDENT YOUNG	MELBOURNE, 13 MAY 2021

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

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

[2] On the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 13 May 2021 and, in accordance with s 54, will operate from 20 May 2021. The nominal expiry date of the Agreement is 13 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Alliance Airlines Pty Limited, trading as Alliance Airlines Pty Limited, which sought approval for the Alliance Airlines Pty Ltd Cabin Crew (Darwin) Enterprise Agreement 2021. The application for approval was made under section 236 of the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval, including considerations of its fairness, the process through which it was negotiated, and its compliance with relevant labour laws.

The legal issues at hand primarily revolved around the interpretation and application of the Fair Work Act, particularly in relation to the criteria for approving an enterprise agreement. Key questions included whether the agreement was genuinely negotiated and whether it provided for fair and reasonable terms and conditions. The Commission had to assess the fairness of the agreement, considering the bargaining power of the parties, the process of negotiation, and the content of the agreement itself.

In its decision, the Commission found that the agreement met the necessary criteria for approval. It determined that the agreement was fairly and genuinely negotiated and that it provided for fair and reasonable terms and conditions. The Commission noted that the process of negotiation was transparent and that the content of the agreement was in line with the provisions of the Fair Work Act. As such, the application for approval was successful. The final orders of the Commission were that the Alliance Airlines Pty Ltd Cabin Crew (Darwin) Enterprise Agreement 2021 be approved under section 236 of the Fair Work Act 2009, effective from the date of the decision.

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