Alliance Airlines Pty Limited Trading AS Alliance Airlines

[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

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.

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.

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.

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

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.

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.

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.

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

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.

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

Printed by authority of the Commonwealth Government Printer

The case before the Fair Work Commission involved Alliance Airlines Pty Limited, trading as Alliance Airlines, and the Transport Workers Union of Australia, which sought approval of the Alliance Airlines Pty Limited Cabin Crew (Western Australia) Enterprise Agreement 2024. The union argued that the agreement should be approved as it was fairly negotiated and met the necessary criteria under the Fair Work Act 2009. Alliance Airlines contested the approval, contending that the agreement did not meet the necessary standards and contained provisions that were not in line with the law.

The primary legal issues the Commission needed to address were whether the agreement had been fairly negotiated and if it met the formal requirements for approval. The Commission also had to consider whether the agreement included provisions that were not consistent with the provisions of the Fair Work Act 2009. Specifically, the Commission examined whether the agreement's provisions on wages, hours of work, and other terms and conditions were reasonable in the circumstances.

The Fair Work Commission determined that the agreement had been fairly negotiated and met the necessary criteria for approval. The Commission found that the agreement contained provisions that were consistent with the law and did not include any unreasonable terms. The Commission also noted that the agreement provided for adequate protections for employees and addressed key issues such as wages, hours of work, and other conditions of employment. Based on these findings, the Commission approved the Alliance Airlines Pty Limited Cabin Crew (Western Australia) Enterprise Agreement 2024.

In its decision, the Fair Work Commission approved the agreement in its entirety, finding that it met the necessary standards for approval under the Fair Work Act 2009. The Commission also noted that the agreement provided for fair and reasonable terms and conditions of employment for cabin crew members employed by Alliance Airlines. The decision provides clarity for both the union and the employer regarding the terms and conditions of employment for cabin crew members in Western Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established