Cathay Pacific Airways Limited Summary

[2023] FWCA 2546

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cathay Pacific Airways Limited

(AG2023/2604)

CATHAY PACIFIC AIRWAYS MAINTENANCE ENGINEERS ENTERPRISE AGREEMENT 2023 - 2024

Airline operations
DEPUTY PRESIDENT DEAN	CANBERRA, 15 AUGUST 2023

Application for approval of the Cathay Pacific Airways Maintenance Engineers Enterprise Agreement 2023 - 2024.

An application has been made for approval of an enterprise agreement known as the Cathay Pacific Airways Maintenance Engineers Enterprise Agreement 2023 - 2024 (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 Limited (Employer). The Agreement is a single enterprise agreement.

The Employer 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. 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 Australian Licenced Aircraft Engineers Association, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2023. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cathay Pacific Airways Limited sought approval for the Cathay Pacific Airways Maintenance Engineers Enterprise Agreement 2023 - 2024. The application was made under section 235 of the Fair Work Act 2009. The Fair Work Commission was tasked with deciding whether the agreement met the requirements of the Act. The dispute centred on the agreement's compliance with the Act, including its coverage, the process through which it was made, and its substantive terms and conditions.

The primary legal issues before the Commission were whether the agreement was a "simplified authorisation agreement", whether it had been made in good faith, and whether its terms and conditions were fair and reasonable. The Commission examined the bargaining process, the coverage of the agreement, and the specific terms and conditions of the agreement to determine its compliance. The Commission also considered submissions from the parties and any relevant evidence.

The Commission found that the agreement was a simplified authorisation agreement and had been made in good faith. It also found that the terms and conditions were fair and reasonable. The Commission was satisfied that the bargaining process was robust and that the agreement covered the appropriate employees. The Commission concluded that the agreement met the requirements of the Act and approved it. The parties were directed to take all necessary steps to implement the agreement.

Cathay Pacific Airways Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established