DECISION

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

Cathay Pacific Airways Limited
(AG2020/1242)

CATHAY PACIFIC AIRWAYS LIMITED AUSTRALIAN BASED AIRCREW ENTERPRISE AGREEMENT 2020

Airline operations
COMMISSIONER SIMPSON	BRISBANE, 28 MAY 2020

Application for approval of the Cathay Pacific Airways Limited Australian Based Aircrew Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Cathay Pacific Airways Limited Australian Based Aircrew Enterprise Agreement 2020 (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 (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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 requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement does not contain a model consultation term compliant with the Act. 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] The Australian Aircrew Officers Association Group (AAOA) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the AAOA wants the Agreement to cover it.

[6] In accordance with s.201(2) of the Act, I note the Agreement covers the AAOA.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cathay Pacific Airways Limited recently applied to the Fair Work Commission for approval of the Cathay Pacific Airways Limited Australian Based Aircrew Enterprise Agreement 2020. The dispute centred around the terms and conditions of employment for aircrew based in Australia, including issues such as remuneration, working hours, and leave entitlements. The Fair Work Commission was tasked with determining whether the proposed agreement met the legal standards for enterprise agreements under the Fair Work Act 2009.

The central legal issues the Commission considered were whether the agreement provided genuine protection for employees' rights, whether it was made in good faith, and whether it complied with the procedural requirements of the Fair Work Act. Additionally, the Commission needed to assess if the agreement would result in a genuine improvement in the working conditions and outcomes for the aircrew, as required by the Act.

In reaching its decision, the Commission examined the evidence provided by both the airline and the union representatives, assessing the terms and conditions outlined in the proposed agreement. The Commission concluded that the agreement was made in good faith, provided genuine protection for employees' rights, and complied with the procedural requirements of the Fair Work Act. Furthermore, the Commission found that the agreement would lead to genuine improvements in working conditions and outcomes for the aircrew. Consequently, the Commission approved the agreement, thereby resolving the dispute in favour of Cathay Pacific Airways Limited.

The Commission's approval of the agreement was a significant outcome for both the airline and its employees, as it provided a framework for resolving ongoing industrial disputes and ensured that the aircrew's terms and conditions were in line with the legal standards set out in the Fair Work Act.

Cathay Pacific Airways Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established