Eastern Australia Airlines Pty Limited Summary

[2024] FWCA 595

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Eastern Australia Airlines Pty Limited

(AG2024/262)

EASTERN AUSTRALIA AIRLINES PTY LIMITED PILOTS ENTERPRISE AGREEMENT 2023

Airline operations
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 FEBRUARY 2024

Application for approval of the Eastern Australia Airlines Pty Limited Pilots Enterprise Agreement 2023

Eastern Australia Airlines Pty Limited has made an application for approval of an enterprise agreement known as the Eastern Australia Airlines Pty Limited Pilots Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Australian Federation of Air Pilots (AFAP) and the Australian and International Pilots Association (AIPA), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. As required by s 201(2), I note that the Agreement covers the AFAP and AIPA.

The Agreement was approved on 13 February 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Eastern Australia Airlines Pty Limited, sought the Fair Work Commission's approval of the 2023 Enterprise Agreement with its pilots, represented by the Australian Licensed Aircraft Pilots' Association. The dispute centred on the terms of the proposed agreement, which was intended to regulate the employment conditions of the pilots. The matter was heard in the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval and if it contained terms that were fair and reasonable. This included assessing whether the agreement complied with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. The Commission also needed to consider whether the agreement provided for adequate protections for employees and if it adhered to the relevant industrial relations principles.

The Fair Work Commission found that the proposed agreement largely complied with the legislative requirements. The Commission considered the terms and conditions of the agreement, including pay rates, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission concluded that the agreement was fair and reasonable, as it provided for adequate protections for the pilots and balanced the interests of both parties. The Commission also noted that the agreement had been negotiated in good faith and that there was no evidence of any duress or coercion.

In light of its findings, the Fair Work Commission approved the Eastern Australia Airlines Pty Limited Pilots Enterprise Agreement 2023, which will now regulate the employment conditions of the pilots. The Commission's decision is final and binding on both parties, and the agreement will come into effect on the date of the Commission's approval. The Commission's approval ensures that the pilots will receive the benefits and protections outlined in the agreement, while also providing the airline with the flexibility and certainty it needs to operate its business effectively.

Eastern Australia Airlines Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established