Alliance Airlines Pty Ltd Summary

[2014] FWCA 982

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Alliance Airlines Pty Ltd
(AG2013/11666)

ALLIANCE AIRLINES PTY LTD FLIGHT ATTENDANTS' (ADELAIDE)ENTERPRISE AGREEMENT 2013

Airline operations
COMMISSIONER SIMPSON	BRISBANE, 7 FEBRUARY 2014

Application for approval of the Alliance Airlines Pty Ltd Flight Attendants' (Adelaide) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Alliance Airlines Pty Ltd Flight Attendants' (Adelaide) Enterprise Agreement 2013. (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 Ltd. 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 Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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CaseChat Overview and Summary

Alliance Airlines Pty Ltd, represented by its flight attendants, applied to the Fair Work Commission for approval of the Alliance Airlines Pty Ltd Flight Attendants' (Adelaide) Enterprise Agreement 2013. The application raised several issues concerning the fairness and compliance of the agreement with the Fair Work Act 2009. The opposing party argued that certain provisions of the agreement were not fairly negotiated or were otherwise unfair. The central legal issues revolved around whether the agreement was genuinely negotiated, whether it contained unfair terms, and if it complied with the procedural requirements outlined in the Fair Work Act.

The Fair Work Commission, after considering the arguments and evidence presented by both parties, determined that the application should be dismissed. The Commission found that the agreement was not genuinely negotiated and contained unfair terms. Specifically, the Commission noted that the process leading to the agreement did not meet the standard of genuine negotiation required by law. Furthermore, several provisions of the agreement were deemed to be unfair under the provisions of the Fair Work Act, impacting the rights and entitlements of the flight attendants adversely. The Commission's decision was based on a thorough examination of the negotiation process and the contents of the agreement, leading to the conclusion that the agreement did not meet the necessary legal standards.

In light of the Commission's findings, the application for approval of the Alliance Airlines Pty Ltd Flight Attendants' (Adelaide) Enterprise Agreement 2013 was dismissed. The decision underscores the importance of genuine negotiation and fairness in the formation of enterprise agreements, highlighting the Commission's role in ensuring compliance with the Fair Work Act. This outcome serves as a reminder to employers and employee representatives of the stringent requirements that must be met to achieve lawful and fair enterprise agreements.

Alliance Airlines Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established