Alliance Airlines Pty Ltd T/A Alliance Airlines

[2016] FWCA 7771

[2016] FWCA 7771

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alliance Airlines Pty Ltd T/A Alliance Airlines
(AG2016/6229)

ALLIANCE AIRLINES PILOTS’ (PERTH) ENTERPRISE AGREEMENT 2016

Airline operations
COMMISSIONER ROE	SYDNEY, 27 OCTOBER 2016

Application for approval of the Alliance Airlines Pilots’ (Perth) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Alliance Airlines Pilots’ (Perth) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alliance Airlines Pty Ltd T/A Alliance Airlines. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Transport Workers’ Union of Australia and Australian Federation of Air Pilots being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement was approved on 27 October 2016 and, in accordance with s.54, will operate from 3 November 2016. The nominal expiry date of the Agreement is 3 November 2019.

COMMISSIONER

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Annexure A