Alliance Airlines Pty Limited Trading AS Alliance Airlines

[2025] FWCA 846

[2025] FWCA 846

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Alliance Airlines Pty Limited Trading AS Alliance Airlines

(AG2024/5286)

ALLIANCE AIRLINES PTY LIMITED CABIN CREW (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2024

Airline operations
DEPUTY PRESIDENT O'KEEFFE	PERTH, 6 MARCH 2025

Application for approval of the Alliance Airlines Pty Limited Cabin Crew (Western Australia) Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Alliance Airlines Pty Limited Cabin Crew (Western Australia) Enterprise Agreement 2024 (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 Trading as Alliance Airlines (the Applicant). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 31 May 2023 and the Agreement was made on 17 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Flight Attendants’ Association of Australia (FAAA), which was a bargaining agent, expressed an initial view in its Form F18 the Agreement did not pass the BOOT. I conducted a conference between the parties and allowed them to make submissions on this issue. I then convened a second conference to discuss their submissions. At the conclusion of the second conference the FAAA no longer pressed its positions on BOOT.

1. There was some disagreement between the Applicant and the FAAA regarding how the various job classifications in the Agreement should be compared to the classifications in the Aircraft Cabin Crew Award 2020 (the Award).  For the avoidance of doubt, I confirm that I am satisfied that the appropriate classification comparison between the Agreement and the Award is as contained in the following table:

Agreement Classification	Award classification for the BOOT
Trainee Flight Attendant	Cabin Crew Member
Flight Attendant	Cabin Crew Member
Cabin Manager	Cabin Crew Member
Trainer	Cabin Crew Member
Checker	Cabin Crew Member

1. There was also some contention between the parties as to a proper interpretation of clause 9 which is in effect a “no extra claims clause”.  I advised the parties that my view was that the clause prevents either the Applicant or the FAAA or any other party from seeking to make any modification to the terms set out in the Agreement during its life.  I note that the Applicant does not challenge this interpretation.

1. There was an issue raised with respect to clause 233 of the Agreement which permits deductions or withholding of pay in limited circumstances.  I advised the Applicant that I regarded clause 7 – which is an NES Precedence clause – as operating to prevent any use of this clause to withhold NES entitlements.

1. There was also a concern raised about the date of issuing of the NERR but the Applicant has provided an explanation for the delay. I am satisfied that the NERR was issued within the appropriate time frame once the Applicant had actually received the notice from the FAAA issued under s.173(2A) of the Act.

1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. The FAAA lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the FAAA.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 2025. The nominal expiry date of the Agreement is 6 March 2029.

DEPUTY PRESIDENT

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