Alliance Airlines Pty Ltd Summary

[2014] FWCA 2695

FAIR WORK COMMISSION

DECISION

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

Alliance Airlines Pty Ltd
(AG2014/5739)

ALLIANCE AIRLINES PTY LTD AIRCRAFT ENGINEERS (BRISBANE) ENTERPRISE AGREEMENT 2014

Airline operations
COMMISSIONER SIMPSON	BRISBANE, 24 APRIL 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Alliance Airlines Pty Ltd Aircraft Engineers (Brisbane) 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 Licensed Aircraft Engineers Association, 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) 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

In the matter of Alliance Airlines Pty Ltd, the Fair Work Commission was tasked with approving the Aircraft Engineers (Brisbane) Enterprise Agreement 2014. The application was brought by the applicant, Alliance Airlines Pty Ltd, which sought to have the enterprise agreement approved under section 233 of the Fair Work Act 2009. The agreement in question was negotiated between the employer and a union representing the employees, and it sought to set out the terms and conditions of employment for aircraft engineers based in Brisbane.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements of the Fair Work Act and whether it provided for fair and reasonable terms and conditions of employment. The Commission had to consider whether the agreement was "better off overall" for the employees it covered, taking into account a range of factors including wages, hours of work, and other conditions of employment. The Commission also had to consider whether the agreement was "freely and fairly" negotiated between the parties and whether it complied with any relevant legislative provisions.

After considering the evidence and arguments presented by both parties, the Commission found that the enterprise agreement met the requirements of the Fair Work Act and provided for fair and reasonable terms and conditions of employment. The Commission noted that the agreement provided for a range of benefits for employees, including wage increases and improved leave provisions, and that it was the product of genuine and meaningful negotiations between the parties. The Commission was satisfied that the agreement was "better off overall" for the employees it covered and that it complied with all relevant legislative provisions. Accordingly, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Aircraft Engineers (Brisbane) Enterprise Agreement 2014, finding that it met the requirements of the Fair Work Act and provided for fair and reasonable terms and conditions of employment. The Commission noted that the agreement provided for a range of benefits for employees and was the product of genuine and meaningful negotiations between the parties. The Commission was satisfied that the agreement was "better off overall" for the employees it covered and that it complied with all relevant legislative provisions. The approval of the enterprise agreement will now allow the parties to move forward with the implementation of the new terms and conditions of employment for aircraft engineers based in Brisbane.

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