Alliance Airlines Pty Ltd T/A Alliance Airlines

[2019] FWCA 6521

[2019] FWCA 6521

FAIR WORK COMMISSION

DECISION

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

Alliance Airlines Pty Ltd T/A Alliance Airlines
(AG2019/2931)

ALLIANCE AIRLINES PTY LTD AIRCRAFT ENGINEERS (BRISBANE) ENTERPRISE AGREEMENT 2019

Airline operations
COMMISSIONER BOOTH	BRISBANE, 18 SEPTEMBER 2019

Application for approval of the Alliance Airlines Pty Ltd Aircraft Engineers (Brisbane) Enterprise Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Alliance Airlines Pty Ltd T/A Alliance Airlines (the Applicant) for approval of the Alliance Airlines Pty Ltd Aircraft Engineers (Brisbane) Enterprise Agreement 2019 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and the bargaining representatives on 2 September 2019, raising a number of concerns in relation to the Agreement.

[3] The Applicant provided submissions and undertakings addressing the concerns raised, on 5 September 2019.

[4] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] I also observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 26.1. – Annual Leave;

•  Clause 27.4. – Personal Leave; and

•  Clause 20. – Public Holidays.

[6] However, noting clause 5.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] Subject to the undertakings provided and the matters raised at paragraphs [5] and [6], I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Australian Licenced Aircraft Engineers Association (the ALAEA) filed a Form F18 in this matter, advising that it supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(1), I note that the Agreement covers the ALAEA.

[9] The Agreement is approved and, in accordance with s.54 of the Act and clause 4.2 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 2 May 2023.

COMMISSIONER

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Attachment A