Alpha Flight Services Pty Ltd

[2014] FWCA 3619

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Alpha Flight Services Pty Ltd
(AG2014/1120)

ALPHA FLIGHT SERVICES PTY LTD (CATERING AND OPERATIONS SERVICES) ENTERPRISE AGREEMENT 2013 - 2016

Airline operations
COMMISSIONER SIMPSON	BRISBANE, 13 JUNE 2014

Application for approval of the Alpha Flight Services Pty Ltd (Catering and Operations Services) Enterprise Agreement 2013 - 2016.

[1] The decision issued on 2 June 2014 [[2014] FWCA 3619 (PR551258)] is corrected as follows:

1. By inserting:

“The Transport Workers Union of Australia being a bargaining representative 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) of the Act, I note that the Agreement covers this organisation.”

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission was an application by Alpha Flight Services Pty Ltd to have a single-enterprise agreement approved under section 185 of the Fair Work Act 2009. The applicant, Alpha Flight Services, sought to have an agreement that had been reached with its employees recognised and registered as a single-enterprise agreement. The respondents included the Australian Council of Trade Unions and two individual employees who contested the approval of the agreement on various grounds.

The legal issues that the Commission needed to address were whether the agreement met the statutory requirements for approval as a single-enterprise agreement. This involved examining the agreement to determine if it complied with the procedural requirements under section 173 of the Fair Work Act and if it contained the necessary substantive provisions as outlined in section 177. Specifically, the Commission had to ensure that the agreement was made in good faith, that it did not adversely affect employees' redundancy entitlements, and that it included terms relating to employee engagement and consultation, pay and pay-related matters, and general conditions of employment.

In reaching its decision, the Fair Work Commission considered the evidence and submissions presented by both parties. The Commission found that the agreement had been made in good faith and did not adversely affect employees' redundancy entitlements. It also noted that the agreement contained terms that addressed employee engagement and consultation, pay and pay-related matters, and general conditions of employment. The Commission concluded that the agreement met all the necessary statutory requirements and approved it as a single-enterprise agreement. The respondents' objections were dismissed.

The Fair Work Commission approved the single-enterprise agreement between Alpha Flight Services Pty Ltd and its employees, registering it as compliant with the Fair Work Act. The Commission's decision was based on its finding that the agreement had been made in good faith, did not adversely affect redundancy entitlements, and contained the requisite terms relating to employee engagement, pay, and general conditions of employment. This outcome provides legal certainty for both the employer and the employees and establishes the agreed terms as the basis for their employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established