Alliance Airlines Pty Ltd Summary

[2014] FWCA 3910

FAIR WORK COMMISSION

DECISION

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

Alliance Airlines Pty Ltd
(AG2014/6191)

APPLICATION FOR APPROVAL OF THE ALLIANCE AIRLINES PTY LTD AIRCRAFT ENGINEERS (PERTH) ENTERPRISE AGREEMENT 2014

Airline operations
COMMISSIONER SIMPSON	BRISBANE, 5 JUNE 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Alliance Airlines Pty Ltd Aircraft Engineers (Perth) 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 the Alliance Airlines Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Licenced Aircraft Engineers Association (ALAEA), being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[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 applied to the Fair Work Commission for approval of their Aircraft Engineers (Perth) Enterprise Agreement 2014. The dispute involved the terms and conditions of employment for aircraft engineers in the Perth region. The Commission's role was to determine whether the agreement complied with the Fair Work Act 2009 and if it could be certified as a registered agreement.

The key legal issues before the Commission were whether the agreement met the requirements for registration under the Fair Work Act, including provisions on minimum wages and conditions, dispute resolution, and procedural fairness. The Commission also needed to consider whether the agreement provided for appropriate mechanisms for the protection of employees' rights and interests.

After considering submissions from the parties and reviewing the content of the agreement, the Commission found that the agreement complied with the relevant provisions of the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement provided for appropriate procedural fairness for employees, including the right to be represented by a union official during any disciplinary proceedings. Accordingly, the Commission approved the agreement and registered it as a registered agreement under the Fair Work Act.

The final orders of the Commission were that the Aircraft Engineers (Perth) Enterprise Agreement 2014 be approved and registered as a registered agreement under section 173 of the Fair Work Act. The agreement was to take effect from the date of registration and would apply to all employees covered by the agreement. The Commission also ordered that a copy of the registered agreement be provided to the Registrar of the Fair Work Commission and to the parties.

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