Eastern Australia Airlines Pty Limited Summary

[2013] FWCA 8714

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Eastern Australia Airlines Pty Limited
(AG2013/9838)

LICENCED AIRCRAFT ENGINEERS EASTERN AIRLINES TAMWORTH ENGINEERING BASE ENTERPRISE AGREEMENT 2013 - 2016

Airline operations
VICE PRESIDENT WATSON	SYDNEY, 6 NOVEMBER 2013

Application for approval of the Licenced Aircraft Engineers Eastern Airlines Tamworth Engineering Base Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Licenced Aircraft Engineers Eastern Airlines Tamworth Engineering Base Enterprise Agreement 2013 - 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Licensed Aircraft Engineers Association, 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.

[4] The Agreement was approved on 6 November 2013 and, in accordance with s.54, will operate from 13 November 2013. The nominal expiry date of the Agreement is 30 June 2016.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Eastern Australia Airlines Pty Limited, the applicant, and the Australian Licensed Aircraft Engineers Association, the respondent, the Fair Work Commission was tasked with determining whether to approve the Licenced Aircraft Engineers Eastern Airlines Tamworth Engineering Base Enterprise Agreement 2013 - 2016. This agreement, which outlines the terms and conditions of employment for licensed aircraft engineers working at the Tamworth engineering base, was proposed by the applicant and was subject to scrutiny to ensure it met the criteria for approval under the Fair Work Act 2009. The respondent raised concerns about the agreement, prompting the need for the Commission to assess its compliance with the relevant legislation.

The central legal issues before the Commission involved whether the agreement contained any provisions that contravened the "better off overall test" (BOOT) as stipulated in section 234 of the Fair Work Act. The BOOT requires that an enterprise agreement must provide employees with terms and conditions that are at least as favourable as the applicable award or registered agreement, or the general industrial awards. Additionally, the Commission needed to determine whether the agreement included any provisions that could be considered "inconsistent" with the object of the Act, which is to promote high standard of living and well-being of employees through the maintenance of fair and effective workplace relations.

The Fair Work Commission examined the terms of the agreement and found that it met the BOOT by providing employees with terms and conditions that were at least as favourable as the applicable industrial award. The Commission also concluded that the agreement did not contain any inconsistent provisions contrary to the Act's object. Given that the agreement satisfied both the BOOT and did not include any inconsistent provisions, the Commission approved the Licenced Aircraft Engineers Eastern Airlines Tamworth Engineering Base Enterprise Agreement 2013 - 2016. The decision was based on a careful analysis of the agreement's provisions, ensuring that they aligned with the legislative requirements and objectives of the Fair Work Act.

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