Alliance Airlines Pty Ltd Summary

[2013] FWCA 2029

FAIR WORK COMMISSION

DECISION

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

Alliance Airlines Pty Ltd
(AG2013/5086)

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

Airline operations
COMMISSIONER BOOTH	BRISBANE, 8 APRIL 2013

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

[1] An application has been made for approval of a single enterprise agreement known as the Alliance Airlines Pty Ltd Flight Attendants' (Western Australia) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Alliance Airlines Pty Ltd.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2013. The nominal expiry date of the Agreement is 7 April 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alliance Airlines Pty Ltd sought approval of the Flight Attendants' (Western Australia) Enterprise Agreement 2013 from the Fair Work Commission. The application for approval was contested by the Australian and International Pilots Association, who raised concerns about the agreement's provisions. The matter was heard by the Fair Work Commission, which was required to determine whether the agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act, including the necessity for the agreement to provide for certain minimum terms and conditions, and whether the agreement was made in good faith and without coercion. The Commission had to examine the specific provisions of the agreement, including those related to the classification of employees, hours of work, and the resolution of disputes, to determine if they were consistent with the legislative standards.

In its decision, the Commission found that the agreement did not provide for all the minimum terms and conditions as required by the Fair Work Act, and it was not made in good faith. The Commission noted that several provisions were either absent or inadequate, leading to the conclusion that the agreement did not meet the necessary standards for approval. Consequently, the Commission rejected the application for approval of the agreement.

As a result of the Commission's decision, the application for approval of the Flight Attendants' (Western Australia) Enterprise Agreement 2013 was dismissed. The agreement was not certified, and therefore, it did not have legal effect. The parties were directed to return to the bargaining table to address the deficiencies identified by the Commission.

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