Alliance Airlines Pty Ltd T/A Alliance Airlines
[2024] FWCA 4304
•4 DECEMBER 2024
| [2024] FWCA 4304 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Alliance Airlines Pty Ltd T/A Alliance Airlines
(AG2024/4184)
ALLIANCE AIRLINES PTY LIMITED AIRCRAFT ENGINEERS’ (BRISBANE) ENTERPRISE AGREEMENT 2024
| Airline operations | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 4 DECEMBER 2024 |
Application for approval of the Alliance Airlines Pty Limited Aircraft Engineers’ (Brisbane) Enterprise Agreement 2024
This decision deals with an application made for approval of an enterprise agreement known as the Alliance Airlines Pty Limited Aircraft Engineers’ (Brisbane) Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Alliance Airlines Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different name for the Agreement to that which was eventually made. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.[1]
The Agreement does not contain a delegates rights term that is no less favourable than the modern award or does not contain a delegates’ rights term, pursuant to s.205A, and on that basis the term in the Airline Operations – Ground Staff Award 2020 will apply and the delegates’ rights term in the Agreement at clause 256 will have no effect.
The Applicant has provided written undertakings. 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.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to s.190(3) of the Act, I accept the undertakings.
Subject to the undertakings referred to above, having regard to the Statement of Principles,[2] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 99 – Public Holidays.
However, noting clause 52 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Licensed Aircraft Engineers’ Association (ALAEA) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), both lodged a Form F18 statutory declaration giving 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 the Agreement covers the ALAEA and the AMWU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 3 December 2028.
DEPUTY PRESIDENT
[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318 [117].
[2] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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