DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alpha Flight Services Pty Ltd
(AG2017/3447)

ALPHA FLIGHT SERVICES AND TWU AGREEMENT 2017-2020

Airline operations
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 JANUARY 2018

Application for approval of the Alpha Flight Services and TWU Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Alpha Flight Services and TWU Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alpha Flight Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Transport Workers’ Union of Australia 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 organisation.

[7] The Agreement was approved on 11 January 2018 and, in accordance with s.54, will operate from 18 January 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Alpha Flight Services Pty Ltd was before the Fair Work Commission, where the company sought approval for an enterprise agreement with the Transport Workers Union. The dispute centred on whether the agreement met the legal requirements for approval, including compliance with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The court needed to determine whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, and whether it had been made in good faith and without the coercion of any party. Additionally, the court examined whether the agreement was appropriately negotiated and if it satisfied the "better off overall test," ensuring that employees were not worse off financially under the new agreement.

The Fair Work Commission found that the agreement complied with the mandatory terms and was negotiated in good faith. The court also concluded that the agreement met the better off overall test, as it provided employees with increased pay and benefits without any detrimental impact on their overall conditions. The court approved the Alpha Flight Services and TWU Agreement 2017-2020, noting the comprehensive nature of the negotiations and the benefits provided to employees.

The final orders of the Fair Work Commission included the approval of the agreement, which would now be binding on the parties for the specified period. The decision underscored the importance of thorough negotiation processes and the need for agreements to genuinely improve employee conditions without imposing undue hardship on the employer.

Alpha Flight Services 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