DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alliance Airlines Pty Ltd
(AG2018/7251)

ALLIANCE AIRLINES PILOTS’ (F50 ADELAIDE) ENTERPRISE AGREEMENT 2018

Airline operations
COMMISSIONER MCKINNON	MELBOURNE, 9 APRIL 2019

Application for approval of the Alliance Airlines Pilots’ (F50 Adelaide) Enterprise Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the Alliance Airlines Pilots’ (F50 Adelaide) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Alliance Airlines Pty Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] With the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Federation of Air Pilots being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 April 2019. The nominal expiry date of the Agreement is 8 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Alliance Airlines Pty Ltd sought approval for the Alliance Airlines Pilots’ (F50 Adelaide) Enterprise Agreement 2018. The applicant, Alliance Airlines, sought to formalise the terms and conditions of employment for its pilots working out of the Adelaide facility. The dispute centred on whether the proposed agreement complied with the relevant industrial and employment laws, including the Fair Work Act 2009. The applicants argued that the agreement was necessary to streamline operations and provide clarity in pilots' employment conditions, while no objections were raised by the registered unions or other interested parties.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act, particularly concerning procedural fairness and the protection of employees' rights. The Commission needed to determine if the agreement was made in good faith and whether it provided for minimum entitlements as prescribed by the Act. Additionally, the Commission had to assess whether the agreement provided for procedural fairness, including adequate consultation with the employees.

The Commission concluded that the application satisfied the procedural fairness requirements, as Alliance Airlines had adequately consulted with the pilots and provided them with the opportunity to voice their concerns. The Commission found that the agreement contained all the mandated minimum entitlements and was not contrary to public policy. The Commission approved the application, recognising that the agreement was made in good faith and provided for the pilots' minimum entitlements and procedural fairness.

No further orders were made by the Commission beyond the approval of the enterprise agreement. The agreement was to be registered and would come into effect from the date of the Commission's decision.

Alliance Airlines Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established