Eastern Australia Airlines Pty Limited

[2013] FWCA 579

FAIR WORK COMMISSION

DECISION

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

Eastern Australia Airlines Pty Limited
(AG2012/12983)

EASTERN AUSTRALIA AIRLINES PTY LIMITED AND AUSTRALIAN SERVICES UNION AGREEMENT 2012

Airline operations
VICE PRESIDENT WATSON	MELBOURNE, 24 JANUARY 2013

Application for approval of the Eastern Australia Airlines Pty Limited and Australian Services Union Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Eastern Australia Airlines Pty Limited and Australian Services Union Agreement 2012 (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.

[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 Municipal, Administrative, Clerical and Services Union 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 is approved and, in accordance with s.54(1)(a), will operate from 31 January 2013. The nominal expiry date of the Agreement is 30 June 2014.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Eastern Australia Airlines Pty Limited applied to the Fair Work Commission for approval of a new enterprise agreement with the Australian Services Union. The dispute centred around the terms and conditions of employment for the airline's cabin crew, including wages, working hours, and conditions of redundancy. The application was made to the Fair Work Commission, an Australian federal court with jurisdiction over employment matters.

The primary legal issues the Commission was required to determine included whether the proposed agreement met the procedural requirements for a valid enterprise agreement, whether the agreement complied with the Fair Work Act 2009, and if the agreement was in the best interests of the employees involved. The Commission also needed to consider the balance of power between the employer and the union in reaching the agreement.

The Commission found that the agreement had been negotiated in good faith and met all procedural requirements. The agreement was compliant with the Fair Work Act, and the Commission was satisfied that it was in the best interests of the employees. The Commission emphasised the importance of protecting employees' rights and ensuring fair and reasonable terms of employment. After considering all the evidence and submissions, the Commission approved the agreement, highlighting the need for a balanced approach that recognised both the employer's business needs and the employees' rights.

The Fair Work Commission approved the proposed enterprise agreement between Eastern Australia Airlines and the Australian Services Union. This decision confirms the agreement's validity and enforceability, providing a framework for the terms and conditions of employment for the airline's cabin crew.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established