| [2022] FWCA 3010 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Emirates T/A Emirates Airlines
(AG2022/3310)
EMIRATES ENTERPRISE AGREEMENT 2022
| Airline operations | |
| COMMISSIONER P RYAN | SYDNEY, 31 AUGUST 2022 |
Application for approval of the Emirates Enterprise Agreement 2022
Emirates (Employer) has made an application for approval of an enterprise agreement known the Emirates Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.
Regulation 2.06A Requirements
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.
Section 190 Undertakings
The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Section 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Section 183 Bargaining representative
The Australian Licensed Aircraft Engineers Association (ALAE) and the Australian Municipal, Administrative, Clerical and Services Union (ASU), each being a bargaining representative 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) of the Act, I note that the Agreement covers the ALAE and the ASU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 September 2022. The nominal expiry date of the Agreement is 30 June 2025.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE517251 PR745342>
- AGLC
- Emirates T/A Emirates Airlines [2022] FWCA 3010
- Case
- [2022] FWCA 3010
- Decision Date
CaseChat Overview and Summary
The legal issues that the Commission needed to address included whether the agreement had been fairly negotiated, if it provided for a modern award or the applicable minimum standards, and if it complied with procedural fairness requirements. The Commission had to ensure that the agreement did not undermine the rights of employees and that it was in the best interests of the employees involved.
In its decision, the Fair Work Commission carefully examined the negotiation process and the content of the proposed agreement. The Commission found that the agreement had been negotiated in good faith and that it contained provisions that aligned with the applicable modern award and minimum standards. The Commission also determined that the agreement did not adversely affect the employees' rights and was in their best interests. Consequently, the Commission approved the Emirates Enterprise Agreement 2022.
The Fair Work Commission's final order was the approval of the Emirates Enterprise Agreement 2022, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions of the employees until a new agreement was made or until terminated or varied by the Commission.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.