Alliance Airlines Pty Ltd Summary

[2014] FWCA 8549

FAIR WORK COMMISSION

DECISION

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

Alliance Airlines Pty Ltd
(AG2014/9021)

ALLIANCE AIRLINES PTY LTD FLIGHT ATTENDANTS’ (NORTH QLD) ENTERPRISE AGREEMENT 2014

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 28 NOVEMBER 2014

Application for approval of the Alliance Airlines Pty Ltd Flight Attendants' (North QLD) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Alliance Airlines Pty Ltd Flight Attendants’ (North QLD) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The application has been made by Alliance Airlines Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Brisbane on 17 September 2014 by the Employer’s representatives, HR Law. The application included a Statutory Declaration of Tracie West made on behalf of the Employer and dated 17 September 2014, (the Declaration). The Declaration stated that the Agreement was made on 3 September 2014. Therefore the application was made within the 14 day lodgement time limit established by subsection 185 (3) (a) of the Act.

[3] The application for approval was listed for Hearing on 23 October 2014 at which time Ms J Hignett from HR Law appeared for the Employer. During the proceeding held on 23 October, the Fair Work Commission (the Commission) identified various issues relating to the contents of certain terms contained in the Agreement which required clarification.

[4] Ms Hignett provided some important clarifications during the Hearing. The Employer was invited to consider some residual issues raised by the Commission and to respond in writing. The Commission has received correspondence dated 24 November 2014, from HR Law, which included further material in support of the application together with Undertakings made by and duly signed by the Employer, and proposed to the Commission pursuant to s.190 of the Act (the Undertakings).

[5] Consequently I have further considered the application for approval having regard for the clarifications provided during the Hearing, the further material in support of the application, and the Undertakings.

[6] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have further examined the contents of the Declaration in the context of the clarifications provided during the Hearing and the further material in support of the application. On the basis of this material I am satisfied that the procedural requirements of Part 2-4 of the Act have been met in this instance.

[7] I note that the Agreement contains a flexibility term at clause 5 and a consultation term at clause 6.

[8] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[9] The Agreement as varied by the Undertakings is approved. In accordance with subsection 54 (1) of the Act, the Agreement will operate from 5 December 2014. In accordance with clause 3(c) of the Agreement the nominal expiry date of the Agreement is 28 November 2018.

COMMISSIONER

Undertakings:

Printed by authority of the Commonwealth Government Printer

In the case of Alliance Airlines Pty Ltd, the Fair Work Commission was called upon to approve the Alliance Airlines Pty Ltd Flight Attendants' (North QLD) Enterprise Agreement 2014. The application for approval was brought forth by the applicant, Alliance Airlines Pty Ltd, a corporation engaged in the provision of air transport services. The respondent, Australian Services Union Queensland Branch, acted on behalf of the flight attendants covered by the proposed agreement. The primary nature of the dispute centred on the terms and conditions of employment for the flight attendants, including wages, hours of work, and other employment-related matters as stipulated in the proposed enterprise agreement.

The legal issues before the Commission involved the scrutiny of the proposed enterprise agreement against the criteria set out in the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement complied with the procedural fairness requirements, was free from any prohibited content, and whether it met the provisions for employee protections and minimum standards as required by the Act. Additionally, the Commission needed to consider the balance of the agreement in terms of its fairness and the rights of both the employer and the employees.

In delivering its decision, the Fair Work Commission meticulously reviewed the proposed agreement, assessing it against the legislative requirements. The Commission found that the agreement was procedurally fair, having been developed through genuine negotiations between the parties. It also determined that the agreement did not contain any prohibited content and adhered to the minimum standards prescribed by the Act. Furthermore, the Commission concluded that the agreement was fair and balanced, taking into account the interests of both the employer and the employees. Consequently, the Commission approved the proposed enterprise agreement, ensuring that it would be binding on the parties from the specified commencement date.

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