Civil Aviation Safety Authority Summary

[2024] FWCA 796

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Civil Aviation Safety Authority

(AG2024/364)

APPLICATION FOR APPROVAL OF THE CIVIL AVIATION SAFETY AUTHORITY ENTERPRISE AGREEMENT 2023-2026

Commonwealth employment
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 MARCH 2024

Application for approval of the Civil Aviation Safety Authority Enterprise Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the Civil Aviation Safety Authority Enterprise Agreement 2023-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Civil Aviation Safety Authority. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, which commenced operation on 6 June 2023. By reason of the transitional arrangements for the Amending Act and the notification time for the Agreement of 10 May 2023, the genuine agreement requirements for agreement approval in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023 apply to the present application. Further, as the Agreement was made on 9 February 2024 the better off overall test provisions in Part 2-4 of the Fair Work Act as amended on 6 June 2023 apply.

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. The undertakings are taken to be a term of the agreement.

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 Association of Professional Engineers, Scientists and Managers, Australia, Community and Public Sector Union, Australian Licensed Aircraft Engineers Association and Australian Federation of Air Pilots being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers each organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 March 2024. The nominal expiry date of the Agreement is 16 November 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Civil Aviation Safety Authority (CASA) sought approval for the Enterprise Agreement 2023-2026 from the Fair Work Commission. The application was brought under the Fair Work Act 2009, which empowers the Commission to approve enterprise agreements that meet specific criteria, including that they must not include terms that are less favourable than the safety net of minimum entitlements. The dispute centred on whether the proposed agreement complied with these statutory requirements and if it adequately balanced the rights and interests of employees and the employer.

The primary legal issues before the Commission were whether the agreement adequately protected the safety net entitlements for employees and whether it provided for fair and reasonable terms. The Commission had to consider the balance of rights and obligations between CASA and its employees, ensuring that the agreement did not undermine the minimum standards set by the Fair Work Act. Additionally, the Commission examined if the agreement provided a fair mechanism for resolving disputes and whether it allowed for the necessary flexibility to meet CASA's operational needs.

The Commission found that the proposed agreement met the statutory requirements and struck an appropriate balance between the rights and obligations of CASA and its employees. The agreement provided for minimum safety net entitlements, included provisions for dispute resolution, and allowed for necessary flexibility in line with CASA's operational requirements. The Commission approved the agreement, recognising its compliance with the relevant legislative framework and its fair treatment of both parties.

No further orders were made by the Commission. The approval of the agreement was effective from the date of the decision, allowing CASA to implement the terms of the Enterprise Agreement 2023-2026 with its employees.

Civil Aviation Safety Authority

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established