Eastern Australia Airlines Pty Limited Summary

[2013] FWCA 7351

The attached document replaces the document previously issued with the above code on 27 September 2013.

This is to fix a typographical error in the agreement title.

Associate to DEPUTY PRESIDENT BOOTH

3 October 2013

[2013] FWCA 7351

FAIR WORK COMMISSION

DECISION

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

Eastern Australia Airlines Pty Limited
(AG2013/2936)

EASTERN AUSTRALIA AIRLINES PTY LIMITED GROUP 2 GROUND STAFF ENTERPRISE AGREEMENT 2013

Airline operations
DEPUTY PRESIDENT BOOTH	SYDNEY, 27 SEPTEMBER 2013

Application for approval of the Eastern Australia Airlines Pty Limited Group 2 Ground Staff Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Eastern Australia Airlines Pty Limited Group 2 Ground Staff Enterprise Agreement 2013 (the ‘Agreement’). The application has been made pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’) by Eastern Australia Airlines Pty Limited (the ‘applicant’).

[2] I have considered the matters contained in the declaration by Ms Kathleen Bryant, Senior Advisor - People Relations, QantasLink, as well as the Agreement itself.

[3] I am satisfied that each of the requirements of ss 186 and 187 of the Act, as are relevant to this application for approval, have been met. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 4 October 2013 and have a nominal expiry date of 31 January 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Eastern Australia Airlines Pty Limited recently sought approval of their Group 2 Ground Staff Enterprise Agreement 2013 before the Fair Work Commission. The dispute arose from a disagreement over certain terms and conditions of employment for the ground staff, primarily concerning pay rates, shift patterns, and leave entitlements. The Commission was tasked with determining whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements set out in the Fair Work Act. The Commission had to consider the fairness of the proposed terms and whether they were consistent with the principles of the modern awards and other relevant legislation. Additionally, the Commission had to ensure that the agreement had been properly negotiated and that the necessary consultation and disclosure processes were followed.

The Fair Work Commission found that the proposed agreement was fair and reasonable in terms of the terms and conditions it provided for the ground staff. The Commission considered the modern award provisions, the bargaining positions of the parties, and the overall fairness of the agreement. The Commission also confirmed that the procedural requirements for the negotiation and approval of the agreement were met, as the necessary consultation and disclosure processes were followed, and the agreement was made in good faith. Consequently, the Commission approved the Eastern Australia Airlines Pty Limited Group 2 Ground Staff Enterprise Agreement 2013.

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