Australian Federation of Air Pilots v Brindabella Airlines Pty Ltd

[2014] FWC 141

[2014] FWC 141

FAIR WORK COMMISSION

RECOMMENDATION

Fair Work Act 2009
s.739 - Application to deal with a dispute

Australian Federation of Air Pilots
v
Brindabella Airlines Pty Ltd
(C2013/7846)

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 7 JANUARY 2014

Alleged dispute about any matters arising under the enterprise agreement and the NES;[s186(6)].

[1] The Commission makes this Recommendation further to proceedings conducted in this matter earlier today.

[2] The application made in this instance concerns some potential contest about the interpretation of particular provisions of an industrial instrument. The instrument under examination is an enterprise agreement titled as the Brindabella Airlines Pty Ltd Pilots Enterprise Agreement 2012 (the Agreement).

[3] Specifically, the provisions of clause 37.9 Training Bond- new pilot of the Agreement have become the subject of interest as employees covered by the Agreement have recently been made redundant. Sub-clause 37.9 (e) of the Agreementstates:

“The Pilot will not be responsible for the loan repayments in the event that:

i. the Pilot loses his or her medical certificate for a period of six months or more during the term of the loan and the loss is confirmed as permanent by an approved Aviation Medical Examiner; or

ii. the Pilot is made redundant by the Company during the term of the loan in which case on termination of the pilot’s employment the Company will be responsible for repaying the outstanding loan amount and will provide to the Pilot satisfactory evidence from the bank that the loan has been discharged and no further amounts are due and payable.”

[4] Although the Commission has not been provided with any formal evidence or any argument as to the proper interpretation of the provisions of sub-clause 37.9 (e) (ii) of the Agreement, on a preliminary prima facie basis, I RECOMMEND that the interpretation that should apply to the terms of sub-clause 37.9 (e) (ii) of the Agreement is that it establishes an entitlement in the form of a payment which arises as a direct consequence of circumstances when a pilot is made redundant.

COMMISSIONER

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