Alliance Airlines Pty Ltd Trading AS Alliance Airlines

[2025] FWCA 1760

[2025] FWCA 1760

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

(AG2025/1294)

ALLIANCE AIRLINES PTY LTD CABIN CREW (ADELAIDE) ENTERPRISE AGREEMENT 2025

Airline operations
COMMISSIONER TRAN	MELBOURNE, 26 MAY 2025

Application for approval of the Alliance Airlines Pty Ltd Cabin Crew (Adelaide) Enterprise Agreement 2025

1. Alliance Airlines Pty Ltd (ABN: 81 107 165 980) has applied for approval of an enterprise agreement known as the Alliance Airlines Pty Ltd Cabin Crew (Adelaide) Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009.

1. The Agreement is a single enterprise agreement.

1. The Agreement also appears silent on National Employment Standards entitlement to increase the notice period by 1 week if the employee is over 45 years old and has completed at least 2 years of continuous service with the employer as per s.117(3)(b)). Clauses 16.4, 21.4 and 37.4 relating to withholding of monies on termination of employment are likely to be inconsistent with the National Employment Standards.

1. Further, clauses 21.4 and 37.4 may not be consistent with s 324 of the Act and may therefore have no effect in accordance with s 326 of the Act.

1. I note clause 4.2 of the Agreement, which gives precedence to the NES and am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Employer 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 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.

1. The Flight Attendants’ Association of Australia (FAAA) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the FAAA.

1. The Agreement is approved and, despite clause 3.2 and in accordance with s 54 of the Act, will operate from 3 June 2025.

1. In accordance with clause 3.4, the nominal expiry date of the Agreement is 18 February 2029.

Variation under s 218A

1. Section 218A of the Act allows the Commission to correct or amend obvious errors, defects or irregularities. It is a discretionary power, and the Commission must first be satisfied that the identified errors or amendments sought are obvious errors, defects or irregularities.

1. I determined to vary the Agreement on my own initiative, following the identification of the errors in clause 38.27.

1. The Applicant provided an amended copy of the Agreement, with only the amendments identified above.

1. I am satisfied that the amendments should be made and that it is appropriate to do so in accordance with s 218A. The variation will operate from the date the Agreement commences.

1. The Agreement attached to this Decision is the Agreement as varied and will operate from 3 June 2025. The nominal expiry date of the Agreement as varied is 18 February 2029.

COMMISSIONER

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