Auriga Pilots Melbourne Pty Ltd Summary

[2024] FWCA 4021

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Auriga Pilots Melbourne Pty Ltd

(AG2024/3874)

AURIGA PILOTS MELBOURNE PTY LTD LAUNCH CREW ENTERPRISE AGREEMENT 2023

Maritime industry
COMMISSIONER YILMAZ	MELBOURNE, 18 NOVEMBER 2024

Application for approval of the Auriga Pilots Melbourne Pty Ltd Launch Crew Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Auriga Pilots Melbourne Pty Ltd Launch Crew Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Auriga Pilots Melbourne Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a different title for the Agreement to the one noted in the Agreement. However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.

I further note that the title of the Agreement on the cover page is Auriga Pilots Melbourne Pty Ltd Launch Crew Enterprise Agreement 2023, whereas the title noted in clause 1 of the Agreement is Auriga Pilots Melbourne Launch Crew Enterprise Agreement 2023. I sought clarification from the Applicant who confirmed the title for the Agreement is Auriga Pilots Melbourne Pty Ltd Launch Crew Enterprise Agreement 2023. Section 218A(1) provides that the Commission may vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form). Pursuant to subsection 218A(2)(a), the Commission may vary an enterprise agreement on its own initiative. Accordingly, I am satisfied that it is appropriate to amend clause 1 of the Agreement as this is an obvious error within the meaning of s.218A(1). I therefore amend clause 1 to read as “This Agreement shall be known as the Auriga Pilots Melbourne Pty Ltd Launch Crew Enterprise Agreement 2023 (Agreement).” A copy of the Agreement as amended is published with this decision. For the purposes of s.218A(3) the variation operates from the date the Agreement commences operation.

The Construction, Forestry and Maritime Employees Union is a bargaining representative for the Agreement and 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 it.

The Agreement is approved and in accordance with s.54, will operate from 25 November 2024. The nominal expiry date of the Agreement is 18 November 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The applicant, Auriga Pilots Melbourne Pty Ltd, sought approval for the Auriga Pilots Melbourne Pty Ltd Launch Crew Enterprise Agreement 2023. The respondents, who included the Transport Workers Union of Australia and various individual members, opposed the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009. The dispute was heard in the Fair Work Commission.

The primary legal issue the Commission was required to decide was whether the agreement complied with the provisions of the Fair Work Act. This involved examining the agreement's coverage of the employees, the negotiation process, and the terms and conditions outlined within the agreement. The Commission also needed to assess whether the agreement provided fair and reasonable terms and conditions for the employees involved.

In its decision, the Fair Work Commission found that the agreement was, in fact, compliant with the Fair Work Act. The Commission noted that the agreement had been negotiated in good faith and covered all relevant employees. It found the terms and conditions to be fair and reasonable, taking into account the specific circumstances of the workplace and the industry. As a result, the Commission approved the Auriga Pilots Melbourne Pty Ltd Launch Crew Enterprise Agreement 2023.

The final orders of the Commission were that the Auriga Pilots Melbourne Pty Ltd Launch Crew Enterprise Agreement 2023 be approved, effective from the date of the decision. The agreement was to apply to all employees covered by the agreement, and the respondents were directed to take all necessary steps to implement the approved agreement.

Auriga Pilots Melbourne Pty Ltd

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