DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chrishine Nominees Pty Ltd T/A Shine Aviation Services
(AG2016/6120)

SHINE AVIATION SERVICES PILOT ENTERPRISE AGREEMENT 2016 (SASPEA)

Airline operations
COMMISSIONER ROE	MELBOURNE, 8 NOVEMBER 2016

Application for approval of the Shine Aviation Services Pilot Enterprise Agreement 2016 (SASPEA).

[1] An application has been made for approval of an enterprise agreement known as the Shine Aviation Services Pilot Enterprise Agreement 2016 (SASPEA) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chrishine Nominees Pty Ltd T/A Shine Aviation Services. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 8 November 2016 and, in accordance with s.54, will operate from 15 November 2016. The nominal expiry date of the Agreement is 15 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Chrishine Nominees Pty Ltd, trading as Shine Aviation Services, applied to the Fair Work Commission for the approval of the Shine Aviation Services Pilot Enterprise Agreement 2016. The application arose from negotiations between the company and the Australian Licensed Aircraft Engineers and Pilots Association (ALAPE), the representative union. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, specifically in relation to the process of bargaining and the fairness of the terms and conditions.

The primary legal issues before the Commission were whether the agreement was made in good faith, if the bargaining process was genuinely representative, and if the terms of the agreement were fair. The Commission needed to examine the process of bargaining, the fairness of the agreement's terms, and compliance with procedural requirements. The company argued that the agreement was the result of genuine negotiations, while the union contended that the process was flawed and that the terms were unfair.

In delivering its decision, the Commission found that the agreement was made in good faith and that the bargaining process was genuinely representative. The Commission concluded that while some procedural issues were present, they did not undermine the overall fairness of the agreement. The terms of the agreement were deemed to be fair, considering the specific circumstances of the industry and the parties involved. Consequently, the Commission approved the agreement under the Fair Work Act 2009. The approval of the agreement ensures that the terms and conditions governing the employment of pilots at Shine Aviation Services are legally binding and enforceable.

Chrishine Nominees Pty Ltd T/A Shine Aviation Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established