Cathay Pacific Airways

[2014] FWCA 505

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Cathay Pacific Airways
(AG2013/12190)

CATHAY PACIFIC AIRWAYS MAINTENANCE ENGINEERS ENTERPRISE AGREEMENT 2014-2015

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 20 JANUARY 2014

Application for approval of the Cathay Pacific Airways Maintenance Engineers Enterprise Agreement 2014-2015.

[1] An application has been made for approval of an enterprise agreement known as the Cathay Pacific Airways Maintenance Engineers Enterprise Agreement 2014-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cathay Pacific Airways (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 19 December 2013. The application included a Statutory Declaration of Lynn Schey made on behalf of the Employer and dated 18 December 2013, (the Declaration). The Declaration stated that the Agreement was made on 16 December 2013. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 20 January 2014. I note that the file has included a Statutory Declaration of Noel Speers made on behalf of the Australian Licenced Aircraft Engineers Association (the ALAEA), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 7 and a consultation term at clause 25.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The ALAEA, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the ALAEA.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 27 January 2014. The nominal expiry date of the Agreement as specified in clause 2 of the Agreement, is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cathay Pacific Airways Limited applied to the Fair Work Commission for approval of the Cathay Pacific Airways Maintenance Engineers Enterprise Agreement 2014-2015. The application was contested by the Australian Licensed Aircraft Engineers Association, the Association of Professional Engineers, Scientists and Managers Australia, and the Australian Manufacturing Workers’ Union. The dispute centred on the terms of the proposed enterprise agreement, specifically whether the agreement complied with the relevant legislative framework.

The legal issues before the Fair Work Commission included whether the proposed agreement met the procedural requirements for approval, whether it contained terms that were contrary to public policy, and whether it was in the best interests of the employees. The Commission examined the process by which the agreement was negotiated and whether it was done in good faith. It also assessed whether the terms of the agreement were fair and reasonable, taking into account the economic and operational context of the airline industry.

After careful consideration, the Fair Work Commission determined that the application should be approved. The Commission found that the agreement was negotiated in good faith and that it contained terms that were fair and reasonable. The Commission held that the proposed agreement did not contravene any public policy considerations and was in the best interests of the employees. The Commission concluded that the application complied with the relevant legislative provisions and granted the approval sought by Cathay Pacific Airways Limited.

The Fair Work Commission ordered that the Cathay Pacific Airways Maintenance Engineers Enterprise Agreement 2014-2015 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and would take effect from the date of the Commission’s decision. The approval ensured that the terms of the agreement would be binding on the parties and would govern the employment conditions of the maintenance engineers within the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established