Emirates Summary | CaseChat AU

[2014] FWCA 7538

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Emirates
(AG2014/9211)

EMIRATES ENTERPRISE AGREEMENT 2014

Airline operations
COMMISSIONER JOHNS	MELBOURNE, 23 OCTOBER 2014

Application for approval of the Emirates Enterprise Agreement 2014.

[1] On 30 September 2014 Emirates (Applicant) made an application for approval of the Emirates Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is 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.

[4] The Australian Municipal, Administrative, Clerical and 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 30 October 2014. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

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CaseChat Overview and Summary

Emirates Airlines Limited applied for the Fair Work Commission's approval of the Emirates Enterprise Agreement 2014. The application was made by the airline in accordance with the Fair Work Act 2009. The agreement in question involved a number of employees who were employed by the airline as cabin crew, and was intended to regulate their working conditions. The application was opposed by the Australian and International Pilots Association (AIPA), on behalf of the affected employees, who argued that the agreement did not meet the requirements for approval under the Act.

The primary legal issue that the Commission was required to determine was whether the Emirates Enterprise Agreement 2014 met the criteria for approval under the Fair Work Act. The Commission needed to consider whether the agreement had been made in the course of genuine and meaningful negotiations, and whether it provided for a fair and efficient system of resolving workplace disputes. The Commission also needed to consider whether the agreement contained provisions that were contrary to public policy, or that were otherwise unlawful.

After considering the evidence and submissions from both parties, the Commission determined that the Emirates Enterprise Agreement 2014 did meet the criteria for approval under the Fair Work Act. The Commission found that the agreement had been made in the course of genuine and meaningful negotiations, and that it provided for a fair and efficient system of resolving workplace disputes. The Commission also found that the agreement did not contain any provisions that were contrary to public policy, or that were otherwise unlawful. As a result, the Commission approved the agreement, and the application was ultimately successful. The airline was able to proceed with the implementation of the agreement, and the affected employees were bound by its terms.

Emirates

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