DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cathay Pacific Airways Limited
(AG2020/1028)

CATHAY PACIFIC AIRWAYS MAINTENANCE ENGINEERSENTERPRISE AGREEMENT (2018 - 2020)

Airline operations
COMMISSIONER SIMPSON	BRISBANE, 8 MAY 2020

Application for approval of the Cathay Pacific Airways Maintenance Engineers Enterprise Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Cathay Pacific Airways Maintenance Engineers Enterprise Agreement 2018-2020 (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 Australian Licensed Aircraft Engineers Association (ALAEA) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the ALAEA wants the Agreement to cover it.

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

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 sought approval for the Cathay Pacific Airways Maintenance Engineers Enterprise Agreement 2018-2020 from the Fair Work Commission. The applicant argued that the agreement was fit for purpose, and that the process for its approval was conducted fairly and transparently. The dispute centred around the application for the agreement to be registered under the Fair Work Act 2009. The legal issues that the court needed to resolve were whether the application was made in accordance with the relevant provisions of the Act and whether the agreement complied with the criteria set out in the Act. The court examined the procedural fairness of the application process, including whether the applicant had adequately consulted with relevant parties and whether the agreement met the requirements of the Act. The court also considered the substantive provisions of the agreement, including whether it provided for fair and reasonable terms and conditions of employment for the affected employees. The court found that the application process was conducted fairly and transparently, and that the agreement met the requirements of the Act. The court also found that the agreement provided for fair and reasonable terms and conditions of employment for the affected employees. The court therefore approved the agreement and ordered its registration under the Act. This decision provides clarity for employers and employees in relation to the process for approving enterprise agreements, and the criteria that must be met for an agreement to be approved.

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