Auriga Aviation Pty Ltd

Case [2024] FWCA 3841
[2024] FWCA 3841

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Auriga Aviation Pty Ltd

(AG2024/3806)

AURIGA AVIATION HELICOPTER PILOTS’ AGREEMENT 2023

Maritime industry

COMMISSIONER MCKINNON

SYDNEY, 1 NOVEMBER 2024

Application for approval of the Auriga Aviation Helicopter Pilots’ Agreement 2023

  1. Auriga Aviation Pty Ltd has applied for approval of a single enterprise agreement known as the Auriga Aviation Helicopter Pilots’ Agreement 2023 (the Agreement).

  1. On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 (the Act) as are relevant to this application for approval have been met.

  1. The Agreement is approved and will operate from 8 November 2024. The nominal expiry date of the Agreement is 1 July 2027.

  1. In accordance with s.205A(2) of the Act, the workplace delegates’ rights term in the Air Pilots Award 2020 is taken to be a term of the Agreement.

  1. The Agreement covers the Australian Federation of Air Pilots.

COMMISSIONER


[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

<AE526632  PR780887>

Details
AGLC
Auriga Aviation Pty Ltd [2024] FWCA 3841
Case
[2024] FWCA 3841
Decision Date

CaseChat Overview and Summary

Auriga Aviation Pty Ltd sought approval for the Auriga Aviation Helicopter Pilots’ Agreement 2023 from the Fair Work Commission. The agreement was between Auriga Aviation Pty Ltd and its helicopter pilots, and it related to various employment terms and conditions. The dispute centred around whether the agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The primary legal issue before the Fair Work Commission was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, including those relating to wages, hours of work, leave, and other employment matters. The Commission also had to consider whether the agreement was genuinely negotiated and if it complied with the requirements for a single-interest employer agreement.

The Fair Work Commission found that the Auriga Aviation Helicopter Pilots’ Agreement 2023 was fair and reasonable and met the necessary criteria for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including those relating to wages, hours of work, leave, and other employment matters. The Commission also found that the agreement was genuinely negotiated and complied with the requirements for a single-interest employer agreement. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Auriga Aviation Helicopter Pilots’ Agreement 2023. The Commission found that the agreement was fair and reasonable and met the necessary criteria for approval under the Fair Work Act 2009. The agreement provides for fair and reasonable terms and conditions, including those relating to wages, hours of work, leave, and other employment matters. The Commission also found that the agreement was genuinely negotiated and complied with the requirements for a single-interest employer agreement.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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