DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eastern Australia Airlines Pty Limited
(AG2017/2895)

EASTERN AUSTRALIA AIRLINES PTY LIMITED FLIGHT ATTENDANTS’ ENTERPRISE AGREEMENT 2016

Airline operations
COMMISSIONER SAUNDERS	NEWCASTLE, 20 SEPTEMBER 2017

Application for approval of the Eastern Australia Airlines Pty Limited Flight Attendants’ Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Eastern Australia Airlines Pty Limited Flight Attendants’ Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eastern Australia Airlines Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

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

[5] 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.

[6] The Flight Attendants’ Association of Australia and Transport Workers’ Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2017. The nominal expiry date of the Agreement is 5 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Eastern Australia Airlines Pty Limited applied to the Fair Work Commission for approval of the Flight Attendants’ Enterprise Agreement 2016. The application was contested by the Australian Services Union. The dispute centred on the provisions within the proposed agreement that outlined the terms and conditions of employment for flight attendants. The application was heard in the Fair Work Commission, which is the primary workplace relations tribunal in Australia.

The primary legal issue before the Commission was whether the provisions of the proposed agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009. The Commission needed to determine if the agreement met the criteria for being a lawful and fair enterprise agreement, including whether it contained the mandated minimum terms and conditions as set out in the Act. Furthermore, the Commission had to consider if the agreement had been made in accordance with the procedural requirements stipulated in the Act.

After reviewing the arguments presented by both parties and examining the contents of the proposed agreement, the Commission concluded that the agreement substantially complied with the requirements of the Fair Work Act 2009. The agreement included all the mandated minimum terms and conditions and had been made in accordance with the procedural requirements. The Commission approved the agreement, finding it to be a lawful and fair enterprise agreement. Consequently, the application by Eastern Australia Airlines Pty Limited was successful.

The Fair Work Commission approved the Eastern Australia Airlines Pty Limited Flight Attendants’ Enterprise Agreement 2016. The Commission found that the agreement met the legislative requirements and was made in accordance with the procedural provisions of the Fair Work Act 2009. The agreement was consequently approved, and the application was determined in favour of Eastern Australia Airlines Pty Limited.

Eastern Australia Airlines Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established