Cathay Pacific Airways Limited Summary

[2016] FWCA 356

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Cathay Pacific Airways Limited

(AG2015/7541)

CATHAY PACIFIC AIRWAYS MAINTENANCE ENGINEERS

ENTERPRISE AGREEMENT 2016-2017

Airline operations

COMMISSIONER CAMBRIDGE

SYDNEY, 20 JANUARY 2016

Application for approval of the Cathay Pacific Airways Maintenance Engineers Enterprise

Agreement 2016-2017.

[1] An application has been made for approval of an enterprise agreement known as the

Cathay Pacific Airways Maintenance Engineers Enterprise Agreement 2016-2017 (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 Employer). The Agreement is a

single-enterprise agreement.

[2] The application was lodged at Sydney on 4 December 2015. The application included

a Statutory Declaration of Sarah Megson made on behalf of the Employer and dated 30

November 2015 (the Declaration). The Declaration stated that the Agreement was made on 27

November 2015. 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 2016. I note that the file has included a Statutory Declaration of

Stephen Purvinas 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.
[2016] FWCA 356

[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 2016. The nominal expiry date of the Agreement as specified in

clause 2 of the Agreement, is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Cathay Pacific Airways Limited, sought approval for the Cathay Pacific Airways Maintenance Engineers Enterprise Agreement 2016-2017. The application was made under section 185 of the Fair Work Act 2009. The proposed agreement was lodged within the 14-day time limit established by subsection 185(3) of the Act, and the application was heard in chambers before Commissioner Cambridge on 20 January 2016. The agreement covers the Australian Licensed Aircraft Engineers Association (ALAEA), which has given notice that it wants the agreement to cover it. The agreement contains a flexibility term and a consultation term. The Commissioner reviewed the statutory declarations and was satisfied that the procedural requirements of Part 2-4 of the Act were met.

The primary legal issue before the Commissioner was whether the procedural requirements of the Fair Work Act 2009 had been satisfied before approving the agreement. Specifically, the Commissioner had to verify whether the application was lodged within the prescribed time limit, whether the necessary statutory declarations were provided, and whether the agreement met all relevant provisions of the Act. The Commissioner also needed to determine whether the agreement covered the ALAEA, as required by section 183 of the Act. The Commissioner's decision hinged on ensuring compliance with these statutory requirements.

In examining the application, the Commissioner confirmed that the procedural requirements of the Fair Work Act 2009 were met. The application was lodged within the required 14-day period, and the statutory declarations from Sarah Megson and Stephen Purvinas were provided. The Commissioner was satisfied that the agreement included the necessary flexibility and consultation terms and that it covered the ALAEA. Therefore, the Commissioner approved the agreement, which would operate from 27 January 2016 until its nominal expiry date of 31 December 2017.

The Commissioner approved the Cathay Pacific Airways Maintenance Engineers Enterprise Agreement 2016-2017, effective from 27 January 2016. The agreement was set to expire on 31 December 2017. The Commissioner's decision was based on the satisfaction that all procedural requirements of the Fair Work Act 2009 had been met, including the timely lodging of the application, the submission of the necessary statutory declarations, and the coverage of the ALAEA.

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