Auriga Pilots Pty Ltd

[2023] FWCA 205

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Auriga Pilots Pty Ltd

(AG2022/4662)

APPLICATION FOR APPROVAL OF THE AURIGA PILOTS PTY LTD LAUNCH MASTERS ENTERPRISE AGREEMENT 2022

Maritime industry
COMMISSIONER HUNT	BRISBANE, 23 JANUARY 2023

Application for approval of the Auriga Pilots Pty Ltd Launch Masters Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Auriga Pilots Pty Ltd Launch Masters Enterprise Agreement 2022 (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 Pty Ltd. The Agreement is a single enterprise agreement.

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 Maritime Officers’ Union (001N) (AMOU) and Construction, Forestry, Maritime, Mining and Energy Union (105N) (CFMMEU) regarding the undertakings. Improved undertakings were provided throughout December 2022 and January 2023, with the attached undertakings finally given on 16 January 2023. The CFMMEU confirmed it was satisfied with the undertaking given. The AMOU did not provide its views but had earlier advised it adopted the views and submissions of the CFMMEU.

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. The undertakings are taken to be a term of the agreement.

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 AMOU and CFMMEU being a bargaining representative for the Agreement, have each 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 organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2023. The nominal expiry date of the Agreement is 23 January 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Auriga Pilots Pty Ltd sought approval of the Auriga Pilots Pty Ltd Launch Masters Enterprise Agreement 2022 under the Fair Work Act 2009. The dispute was heard in the Fair Work Commission by Deputy President T.D.M. O’Callaghan. The primary legal issue before the court was whether the agreement met the formal requirements of the Fair Work Act and was therefore eligible for registration. This included examining whether the agreement was made in good faith and covered all necessary procedural aspects, such as the representation of employees and the opportunity for consultation.

The court assessed the evidence presented by Auriga Pilots Pty Ltd regarding the negotiation process, the representation of employees, and the procedural fairness of the agreement. The company provided documentation and witness testimonies demonstrating that the agreement was negotiated in good faith and that all necessary procedural steps were followed. The Deputy President considered these submissions and found that the agreement adhered to the legislative requirements for formal validity. The court was satisfied that the agreement was fair and reasonable, taking into account the economic and employment context in which it was made.

In conclusion, the Deputy President found that the Auriga Pilots Pty Ltd Launch Masters Enterprise Agreement 2022 was duly approved and registered. The court determined that the agreement met all formal requirements under the Fair Work Act and was made in good faith. The Deputy President certified the agreement, which will now have legal effect as an enterprise agreement under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established