Auriga Aviation Pty Ltd

[2025] FWCA 192

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Auriga Aviation Pty Ltd

(AG2024/4703)

AURIGA AVIATION HELICOPTER ENGINEERS ENTERPRISE AGREEMENT 2024

Maritime industry
COMMISSIONER HUNT	BRISBANE, 17 JANUARY 2025

Application for approval of the Auriga Aviation Helicopter Engineers Enterprise Agreement 2024

Auriga Aviation Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Auriga Aviation Helicopter Engineers Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 4 October 2024 and the Agreement was made on 15 November 2024. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Australian Licensed Aircraft Engineers Association (ALAEA) and the Australian Workers’ Union (AWU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

The Agreement does not contain a workplace delegates’ rights term as required under s.205A of the Act for agreements made on or after 1 July 2024. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Airline Operations—Ground Staff Award 2020 is attached to the Agreement and taken to be a term of it.

I have taken into consideration the material filed in the Commission. 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The ALAEA and the AWU, each being bargaining representatives for the Agreement, have given notice under s.183 that they want to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers the ALAEA and the AWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2025. The nominal expiry date of the Agreement is 1 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

Auriga Aviation Pty Ltd was the applicant in an application to the Fair Work Commission, seeking approval of the Auriga Aviation Helicopter Engineers Enterprise Agreement 2024. The dispute centred on the terms of the proposed agreement, which was intended to govern the employment conditions of helicopter engineers employed by Auriga Aviation. The parties involved were Auriga Aviation, representing the employer's interests, and the Australian Licensed Aircraft Engineers Association, which represented the employees.

The legal issues before the Commission included whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically in relation to the process by which the agreement was negotiated and the fairness of its terms. The Commission needed to determine if the agreement was made in good faith and whether it provided for the proper operation of the enterprise while ensuring fairness for all parties involved. Additionally, the Commission examined whether the agreement adequately addressed the employees' entitlements and whether it complied with relevant industrial laws and standards.

The Commission found that the Auriga Aviation Helicopter Engineers Enterprise Agreement 2024 was made in good faith and provided for the proper operation of the enterprise. The agreement was deemed to be fair and reasonable, taking into account the needs of both the employer and the employees. The Commission approved the agreement, recognising the efforts made by both parties to reach a consensus that balanced the interests of both sides. The approval was granted, and the agreement was registered, effective from the date of the decision.

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