Alliance Airlines Pty Ltd Trading as Alliance Airlines

[2025] FWCA 911

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

(AG2025/31)

ALLIANCE GROUP QLD PILOTS’ ENTERPRISE AGREEMENT 2024

Airport operations
COMMISSIONER DURHAM	BRISBANE, 14 MARCH 2025

Application for approval of the Alliance Group QLD Pilots’ Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Alliance Group QLD Pilots’ Enterprise Agreement 2024 (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 Trading as Alliance Airlines (the Applicant). The Agreement is a single enterprise agreement.

The Applicant 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 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.

Noting the undertakings provided and clause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Transport Workers’ Union of Australia (TWU) and the Australian Federation of Air Pilots (AFAP) lodged their respective Form F18 statutory declarations giving notice under s.183 of the Act that each wants the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the TWU and AFAP.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 February 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alliance Airlines Pty Ltd, trading as Alliance Airlines, sought approval for the Alliance Group QLD Pilots’ Enterprise Agreement 2024. The applicant was the employer, and the Australian Council of Trade Unions (ACTU) was the union representative. The application was heard by the Fair Work Commission (FWC). The key issue before the Commission was whether the terms of the Enterprise Agreement met the criteria for approval under the Fair Work Act 2009.

The Commission considered whether the agreement was a "good faith" bargaining tool, whether it contained appropriate provisions for employees' terms and conditions, and whether the agreement was fair and reasonable. The Commission noted the agreement's comprehensive coverage of pilots' terms and conditions, including pay, hours of work, and leave provisions. The Commission was satisfied that the agreement was the product of genuine and good faith bargaining, as evidenced by the negotiations between the parties. Furthermore, the Commission determined that the agreement was fair and reasonable, taking into account the nature of the industry, the economic climate, and the specific circumstances of the pilots. Consequently, the Commission approved the Enterprise Agreement.

The Commission made orders approving the Alliance Group QLD Pilots’ Enterprise Agreement 2024. The agreement is to be registered with the Fair Work Commission and will apply from the effective date as set out in the agreement. The Commission emphasised the importance of continued consultation and negotiation between the parties to ensure the ongoing fairness and effectiveness of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established