DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Federation of Air Pilots
(AG2016/6834)

SKIPPERS AVIATION PILOTS ENTERPRISE AGREEMENT 2016

Airline operations
COMMISSIONER ROE	MELBOURNE, 2 DECEMBER 2016

Application for approval of the Skippers Aviation Pilots Enterprise Bargaining Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Skippers Aviation Pilots Enterprise Bargaining Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Federation of Air Pilots. 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 Australian Federation of Air Pilots 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 2 December 2016 and, in accordance with s.54, will operate from 9 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian Federation of Air Pilots brought an application for the approval of the Skippers Aviation Pilots Enterprise Bargaining Agreement 2016 before the Fair Work Commission. The primary dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The respondents to the application were Skippers Aviation Pty Ltd and the Australian Transport Officers Union. The Commission was tasked with determining whether the agreement was appropriately made, if it adhered to the relevant provisions of the Act, and if it was fit for the purposes of setting out the terms and conditions of employment for the pilots.

The key legal issues that the Commission needed to resolve included whether the agreement had been genuinely negotiated between the parties, if it contained all the mandated terms, and if it was free from any provisions that would undermine the safety of air operations. The Commission also considered whether the agreement appropriately covered all relevant employees and if it complied with the proscriptions on multi-employer agreements. Additionally, the Commission had to assess whether the agreement unfairly discriminated against any group of employees or if it contravened any other provisions of the Fair Work Act.

The Commission concluded that the agreement had been genuinely negotiated and contained all the necessary terms. It was determined that the agreement did not contain any provisions that would compromise the safety of air operations. The agreement was also found to cover all relevant employees and was compliant with the provisions concerning multi-employer agreements. The Commission further found that the agreement did not unfairly discriminate against any group of employees and did not contravene any other provisions of the Fair Work Act. Based on these findings, the Commission approved the Skippers Aviation Pilots Enterprise Bargaining Agreement 2016, deeming it fit for the purposes of setting out the terms and conditions of employment for the pilots.

Australian Federation of Air Pilots

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established