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

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

Alliance Airlines Pty Ltd, trading as Alliance Airlines, applied for approval of the Alliance Airlines Pty Ltd Aircraft Engineers (Brisbane) Enterprise Agreement 2019 before the Fair Work Commission. The application was made under the Fair Work Act 2009, which mandates the approval of certain enterprise agreements before they can be enforced. The dispute centred on whether the proposed enterprise agreement met the legal requirements for approval, including compliance with the Act and its regulations.

The legal issues before the Commission were whether the agreement provided for the employees' direct remuneration and conditions of employment in a clear and unambiguous manner, and whether the agreement had been genuinely agreed upon by the parties. A critical aspect of the review was the examination of the agreement's provisions to ensure they did not unfairly disadvantage employees or contravene any minimum entitlements stipulated by the Fair Work Act.

The Commission found that the agreement was clear and unambiguous in its terms and that it did not unfairly disadvantage the employees. The evidence presented demonstrated that the agreement had been genuinely negotiated and agreed upon by the parties. The Commission was satisfied that all provisions of the agreement complied with the requirements of the Fair Work Act, including the provision of direct remuneration and conditions of employment. Consequently, the Commission approved the application and the agreement was registered.

The final orders of the Commission were that the Alliance Airlines Pty Ltd Aircraft Engineers (Brisbane) Enterprise Agreement 2019 be approved and registered under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be treated as if it had been made on or after the date of registration, with the registration date being the effective date of the agreement.

Alliance Airlines Pty Ltd T/A Alliance Airlines

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established