Alliance Airlines Pty Ltd Trading AS Alliance Airlines

[2025] FWCA 2721

[2025] FWCA 2721

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Alliance Airlines Pty Ltd Trading AS Alliance Airlines

(AG2025/2429)

ALLIANCE AIRLINES PTY LIMITED AIRCRAFT ENGINEERS’ (NTH QUEENSLAND) ENTERPRISE AGREEMENT 2025

Airline operations
COMMISSIONER MIRABELLA	MELBOURNE, 14 AUGUST 2025

Application for approval of the Alliance Airlines Pty Limited Aircraft Engineers’ (Nth Queensland) Enterprise Agreement 2025

1. An application has been made for the approval of an enterprise agreement known as the Alliance Airlines Pty Limited Aircraft Engineers’ (Nth Queensland) Enterprise Agreement 2025. The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Alliance Airlines Pty Ltd Trading as Alliance Airlines (the Employer). The Agreement is a single enterprise agreement.

1. The F17B Declaration submitted by the Employer did not include information about whether part-time and casual employees have a sufficient interest in the terms of the agreement or were sufficiently representative of the employees it intends to cover. Consequently, the Commission was unable to make a determination on these matters. The Employer subsequently provided submissions which included information relevant to the issue of sufficient interest and sufficiently representative. Based on those submissions I am satisfied that the employees requested to approve the agreement by voting for it have a sufficient interest in the terms of the agreement and are sufficiently representative.

1. The Agreement does not contain a flexibility term that meets the requirements of s.203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement. A copy of the model flexibility term can be found in Schedule H of the Agreement.

1. I observe the following provisions may be inconsistent with the National Employment Standards (NES):

• Clause 67
• Schedule B.10

The Agreement contains a NES precedence clause in clause 54. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Employer provided written undertakings. A copy of the undertakings is attached in Schedule G of the Agreement. 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 undertakings are taken to be a term of the Agreement.

1. 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.

1. The Australian Licensed Aircraft Engineers Association (ALAEA) 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), I note that the Agreement covers the ALAEA.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2025. The nominal expiry date of the Agreement is 14 August 2029.

COMMISSIONER

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