Eastern Australia Airlines Pty Ltd

[2015] FWCA 6719

[2015] FWCA 6719

FAIR WORK COMMISSION

DECISION

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

Eastern Australia Airlines Pty Ltd
(AG2015/4879)

EASTERN AUSTRALIA AIRLINES PTY LIMITED PILOTS ENTERPRISE AGREEMENT 2015

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 30 SEPTEMBER 2015

Application for approval of the Eastern Australia Airlines Pty Limited Pilots Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Eastern Australia Airlines Pty Limited Pilots Enterprise Agreement 2015(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 Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 4 September 2015. The application included a Statutory Declaration of Adrian Young made on behalf of the Employer and dated 1 September 2015 (the Declaration). The Declaration stated that the Agreement was made on 24 August 2015. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 30 September 2015. I note that the file has included a Statutory Declaration of Jason Lipson made on behalf of the Australian and International Pilots Association (the AIPA) as an employee organisation in relation to the application. I note that the file has also included a Statutory Declaration of Simon Lutton made on behalf of the Australian Federation of Air Pilots (the AFAP) as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 11 and a consultation term at clause 12.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The AIPA and the AFAP, being bargaining representatives for the Agreement, has each given notice under s.183 of the Act that each wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the AIPA and the AFAP.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 7 October 2015. The nominal expiry date of the Agreement as specified in clause 4 of the Agreement, is 31 December 2018.

COMMISSIONER

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