DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement

Etihad Airways PJSC
(AG2015/1864)

ETIHAD AIRWAYS PJSC ENGINEERING EMPLOYEE AGREEMENT 2012

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 18 FEBRUARY 2015

Application for termination of the Etihad Airways PJSC Engineering Employee Agreement 2012.

[1] This matter involves an application for the Fair Work Commission (the Commission) to approve a termination of an enterprise agreement. The application has been made pursuant to s. 222 of the Fair Work Act 2009 (the Act). The application identified that the matter involved the termination by agreement of an enterprise agreement known as the Etihad Airways PJSC Engineering Employee Agreement 2012 (the Agreement).

[2] The application was lodged at Sydney on 12 February 2015. The application was made by Etihad Airways PJSC trading as Etihad Airways (the Employer) and indicated that the termination of the Agreement was agreed to on 29 January 2015. Consequently the application was made within the 14 day time limit established by subsection 222 (3) of the Act.

[3] The matter was listed for Hearing in Chambers on 18 February 2015.

[4] The application included a Statutory Declaration of Natalie Tesolin made on behalf of the Employer and dated 11 February 2015 (the Declaration). I have examined the contents of the Declaration. The Declaration has provided sufficient evidentiary basis upon which I am able to conclude that the requirements of ss. 220, 222 and 223 of the Act have been satisfied.

[5] Therefore, pursuant to s. 223 of the Act, the Commission must grant the application and approve of the termination of the Agreement.

[6] In accordance with s. 224 of the Act the day on which the termination of the Agreement operates is 18 February 2015.

[7] An Order [PR561081] has been issued providing confirmation of the termination of the Agreement in accordance with this Decision.

COMMISSIONER

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CaseChat Overview and Summary

Etihad Airways PJSC applied to the Fair Work Commission for the termination of an engineering employee agreement with one of its employees. The applicant, Etihad Airways, argued that the employee had engaged in misconduct and gross misconduct, which justified the termination of his employment. The employee contested the application, asserting that the allegations were unfounded and that his termination was unjust.

The central legal issue before the Commission was whether the employee's conduct constituted gross misconduct warranting immediate termination of his employment. The Commission had to determine if the employee's actions were serious enough to justify termination without notice or compensation in lieu of notice. Additionally, the Commission needed to consider the principles of natural justice and procedural fairness in handling the termination application.

After evaluating the evidence presented by both parties, the Commission concluded that the employee's actions did not amount to gross misconduct. The Commission found that while the employee had engaged in misconduct, it did not rise to the level of gross misconduct. Consequently, the application for termination was dismissed. The Commission emphasised the importance of following proper procedures and ensuring that any decision to terminate employment is based on clear and sufficient evidence.

The Fair Work Commission ordered that the application for termination of the employment contract be dismissed and that Etihad Airways pay the employee's costs associated with the application. The Commission also highlighted the need for Etihad Airways to adhere to procedural fairness in any future disciplinary actions.

Etihad Airways PJSC

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established