DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eastern Australia Airlines Pty Limited
(AG2017/1327)

EASTERN AUSTRALIA AIRLINES PTY LTD AIRCRAFT MAINTENANCE ENGINEERS & TRADE ASSISTANTS ENTERPRISE AGREEMENT 2016

Airline operations
COMMISSIONER CIRKOVIC	MELBOURNE, 16 MAY 2017

Application for approval of the Eastern Australia Airlines Pty Ltd Aircraft Maintenance Engineers & Trade Assistants Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Eastern Australia Airlines Pty Ltd Aircraft Maintenance Engineers & Trade Assistants 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 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has 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 the organisation.

[5] The Agreement was approved on 16 May 2017 and, in accordance with s.54, will operate from 23 May 2017. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Eastern Australia Airlines Pty Limited applied for the approval of the Eastern Australia Airlines Pty Ltd Aircraft Maintenance Engineers & Trade Assistants Enterprise Agreement 2016. The application was heard by the Fair Work Commission, which is tasked with the approval of enterprise agreements under the Fair Work Act 2009. The dispute centred around whether the proposed enterprise agreement complied with the statutory requirements for approval, particularly focusing on provisions related to the employees' working conditions, pay rates, and other terms and conditions of employment.

The primary legal issue for the Commission to decide was whether the agreement met the "better-off-overall test" and whether it contained all the required terms as stipulated by the Fair Work Act. The application also needed to be scrutinised for any unfair or discriminatory provisions. The Commission considered submissions from the applicant, Eastern Australia Airlines, and the union representing the employees, as well as any other interested parties.

The Commission determined that the proposed agreement satisfied the better-off-overall test as it provided for terms and conditions that were no worse than those provided for under the applicable awards, and in some cases, improved the employees' entitlements. The agreement also included all the required terms as per the Fair Work Act. Furthermore, the Commission found no provisions in the agreement to be unfair or discriminatory. Consequently, the Commission approved the application, allowing the agreement to come into effect.

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