Alliance Airlines Pty Ltd

[2014] FWCA 5456

FAIR WORK COMMISSION

DECISION

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

Alliance Airlines Pty Ltd
(AG2014/8551)

ALLIANCE AIRLINES PTY LTD AIRCRAFT ENGINEERS (NORTH QUEENSLAND) ENTERPRISE AGREEMENT 2014

Airline operations
COMMISSIONER SIMPSON	BRISBANE, 12 AUGUST 2014

Application for approval of the Alliance Airlines Pty Ltd Aircraft Engineers (North Queensland) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Alliance Airlines Pty Ltd Aircraft Engineers (North Queensland) Enterprise Agreement 2014 (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] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[4] The agreement is approved and will operate in accordance with s.54.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alliance Airlines Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the Alliance Airlines Pty Ltd Aircraft Engineers (North Queensland) Enterprise Agreement 2014. The application was brought under section 235 of the Fair Work Act 2009, seeking the Commission’s approval of the enterprise agreement to ensure it met the requirements for a simple or low-paid agreement. The dispute centred on the procedural fairness of the agreement's negotiation and the content's compliance with the statutory minimum standards.

The primary legal issues before the Commission were whether the enterprise agreement was fairly negotiated and whether it complied with the minimum standards prescribed by the Fair Work Act. This included examining whether the agreement satisfied the criteria for a low-paid agreement, particularly whether the average hourly rate of ordinary time earnings for employees covered by the agreement was below a specified threshold. Additionally, the Commission considered whether the agreement contained permissible terms and conditions that did not unfairly disadvantage the employees or the employer.

The Fair Work Commission found that the Alliance Airlines Pty Ltd Aircraft Engineers (North Queensland) Enterprise Agreement 2014 was indeed fairly negotiated and complied with the statutory minimum standards. The Commission noted that the average hourly rate of ordinary time earnings for the employees covered by the agreement was below the threshold required for a low-paid agreement. Furthermore, the Commission was satisfied that the agreement's terms and conditions were fair and did not unduly disadvantage either party. Consequently, the Commission approved the agreement under section 235 of the Fair Work Act.

The Fair Work Commission’s final order was the approval of the Alliance Airlines Pty Ltd Aircraft Engineers (North Queensland) Enterprise Agreement 2014, effective from the date of the Commission's decision. This approval ensures that the agreement is legally binding and enforceable, providing a framework for the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established