DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alliance Airlines Pty Ltd
(AG2019/1273)

ALLIANCE AIRLINES PTY LTD CABIN CREW (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2019

Airline operations
COMMISSIONER PLATT	ADELAIDE, 25 JUNE 2019

Application for approval of the Alliance Airlines Pty Ltd Cabin Crew (Western Australia) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Alliance Airlines Pty Ltd Cabin Crew (Western Australia) Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Alliance Airlines Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 13 June 2019.

[3] On 20 June 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking. No additional issues were raised by representatives of the Flight Attendants’ Association of Australia (FAAA). No representative of the Transport Workers’ Union of Australia (TWU) attended the Conference.

[4] The Applicant has submitted an undertaking in the required form dated 20 June 2019. The undertaking deals with the following topics:

• For the purposes of clause 26.3(d)(ii)(A) of the Agreement, the words “the nature of the illness (if known)” shall no longer apply.

• For the purposes of clause 32.1 of the Agreement, the words “Alliance reserves the right to withhold final pay until all property is returned” shall no longer apply.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The FAAA supported the undertaking. On 24 June 2019, Mr Glen Barron of the TWU emailed my Chambers and asked “Has the commission looked at the definition of a tour of duty and applied it to this agreement?”. My Associate sought context from the TWU in which this comment was made by no later than 3:00pm on 25 June 2019, however the Union did not provide any additional information.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[8] The FAAA, 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) of the Act I note that the Agreement covers this organisation.

[9] 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.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 25 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Alliance Airlines Pty Ltd recently sought approval of its 2019 Cabin Crew (Western Australia) Enterprise Agreement from the Fair Work Commission. The applicant argued that the proposed agreement contained terms and conditions that were fair and reasonable for its employees, in line with the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary criteria for approval, including the need for it to be free from any improper coercion or pressure and to adequately protect the interests of the employees.

The court had to determine if the proposed agreement was genuinely a product of free and voluntary negotiations between the parties, as mandated by the Fair Work Act. Additionally, the court examined whether the agreement provided fair and reasonable terms and conditions for the employees, including appropriate protections and benefits. It was also necessary to assess whether the agreement complied with the requirements set out in the Act, particularly those concerning the avoidance of unfair discrimination and the preservation of fundamental rights.

In its decision, the Fair Work Commission found that the proposed agreement was the result of genuine and voluntary negotiations. The court determined that the terms and conditions of the agreement were fair and reasonable, providing adequate protections and benefits for the employees. The agreement was also found to be compliant with the statutory requirements. Consequently, the Commission approved the Alliance Airlines Pty Ltd Cabin Crew (Western Australia) Enterprise Agreement 2019, affirming that it met the necessary criteria for approval under the Fair Work Act. The decision was made on the basis of the evidence presented and the Commission's assessment of the agreement's compliance with the statutory provisions.

Alliance Airlines Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established