DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Emirates T/A Emirates Airlines
(AG2017/4929)

EMIRATES ENTERPRISE AGREEMENT 2017

Airline operations
DEPUTY PRESIDENT KOVACIC	CANBERRA, 20 APRIL 2018

Application for approval of the Emirates Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Emirates Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Emirates T/A Emirates Airlines. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Emirates T/A Emirates Airlines. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Australian Services Union and The Australian Licenced Aircraft Engineers Association being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 April 2018. The nominal expiry date of the Agreement is 31 December 2019.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Emirates Airlines, trading as Emirates, sought approval of its 2017 Enterprise Agreement from the Fair Work Commission (FWC). The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly in relation to the procedural fairness afforded to employees during the negotiation and agreement process. The FWC was tasked with determining if the agreement was genuinely bargained for, free from coercion, and provided fair terms and conditions to the employees.

The legal issues revolved around the procedural fairness in the negotiation and agreement process. Emirates argued that all procedural requirements were met, while some employee representatives contended that the process was flawed and did not provide adequate opportunity for employees to be heard. The FWC had to assess if the process followed was in line with the legal standards set by the Fair Work Act and previous case law.

After considering the evidence and submissions, the FWC found that the negotiation and agreement process was conducted in a manner that met the statutory requirements. The FWC determined that the agreement was genuinely bargained for, free from coercion, and provided fair terms and conditions to the employees. The FWC noted that while there were procedural issues, they were not significant enough to invalidate the agreement. Consequently, the FWC approved the Emirates Enterprise Agreement 2017.

The FWC ordered that the Emirates Enterprise Agreement 2017 be approved as a certified agreement under the Fair Work Act, effective from the date of the decision. The agreement was to apply to all employees covered by it, and the approval would remain in effect until superseded by a new certified agreement or until terminated under the provisions of the Act.

Emirates T/A Emirates Airlines

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established