DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chrishine Nominees Pty Ltd T/A Shine Aviation Services
(AG2019/249)

SHINE AVIATION SERVICES PILOT ENTERPRISE AGREEMENT 2019 (SASPEA)

Airport operations
COMMISSIONER BISSETT	MELBOURNE, 13 JUNE 2019

Application for approval of the Shine Aviation Services Pilot Enterprise Agreement 2019 (SASPEA).

[1] An application has been made for approval of an enterprise agreement known as the Shine Aviation Services Pilot Enterprise Agreement 2019 (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 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 20 June 2019. The nominal expiry date of the Agreement is 12 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Chrishine Nominees Pty Ltd trading as Shine Aviation Services, sought approval of the Shine Aviation Services Pilot Enterprise Agreement 2019 (SASPEA) from the Fair Work Commission (FWC). The applicant contended that the agreement was fair and appropriate, having been reached through good faith negotiations with the relevant union. The dispute was heard in the Fair Work Commission, an independent statutory tribunal with jurisdiction over matters involving workplace relations and industrial awards.

The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it was a "bare bones" agreement as defined by the legislation. The applicant argued that the agreement was not a bare bones agreement because it contained more than the minimum terms and conditions required by law. The Commission had to determine whether the agreement provided a safety net of minimum terms and conditions and whether it was free from prohibited content.

The Fair Work Commission found that the SASPEA was a fair and appropriate agreement. It held that the agreement was not a bare bones agreement as it contained more than the minimum terms and conditions required by law, including provisions for paid parental leave, flexible working arrangements, and dispute resolution mechanisms. The Commission further found that the agreement provided a safety net of minimum terms and conditions and was free from prohibited content. The Commission approved the agreement, emphasising the importance of good faith bargaining and the role of enterprise agreements in promoting better outcomes for both employers and employees.

The Fair Work Commission approved the Shine Aviation Services Pilot Enterprise Agreement 2019. The Commission's decision highlights the importance of good faith bargaining and the role of enterprise agreements in promoting better outcomes for both employers and employees. The approval of the agreement provides a framework for the parties to work together to achieve their shared goals while ensuring that the minimum standards of the safety net are maintained.

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