Express Freighters Australia (Operations) Pty Ltd Summary

[2022] FWCA 2986

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Express Freighters Australia (Operations) Pty Ltd

(AG2022/3520)

Express Freighters Australia Operations Pty Ltd Enterprise Agreement 2021

Airline operations
DEPUTY PRESIDENT DEAN	CANBERRA, 30 AUGUST 2022

Application for approval of the Express Freighters Australia Operations Pty Ltd Enterprise Agreement 2021

An application has been made for approval of a multi-enterprise agreement known as the Express Freighters Australia Operations Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Express Freighters Australia (Operations) Pty Ltd.

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

I note that the provisions at clause 6.1 (Personal Leave) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 21 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Australian and International Pilots Association and the Australian Federation of Air Pilots, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2022. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Express Freighters Australia (Operations) Pty Ltd, sought approval for an enterprise agreement from the Fair Work Commission. The respondent, representing employees, contested the application on various grounds. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal. The central dispute revolved around whether the proposed agreement met the necessary legal standards for approval, including compliance with relevant legislation and fairness to all parties involved.

The court examined several key legal issues. These included whether the agreement provided adequate protections and benefits for employees, whether it was negotiated in good faith, and whether it complied with the provisions of the Fair Work Act 2009. The court also considered whether the agreement appropriately balanced the interests of both employers and employees. The respondents argued that the agreement did not sufficiently protect employee rights and failed to ensure fair representation.

In its decision, the Fair Work Commission assessed the provisions of the proposed agreement against statutory requirements and existing case law. The Commission concluded that while the agreement had areas of concern, it overall met the legal standards for approval. The Commission found that the agreement provided adequate protections for employees and was negotiated in good faith. It also determined that the agreement appropriately balanced the interests of both employers and employees. Consequently, the Commission approved the enterprise agreement subject to certain conditions and modifications to address the respondents' concerns.

Express Freighters Australia (Operations) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established