Flight Attendants' Association of Australia v Skippers Aviation Pty Ltd T/A Skippers Aviation

[2022] FWC 76

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s.229 - Application for a bargaining order

Flight Attendants' Association of Australia
v

Skippers Aviation Pty Ltd T/A Skippers Aviation

(B2021/1296)

DEPUTY PRESIDENT BINET

PERTH, 19 JANUARY 2022

Application for a Bargaining Order – Statement Issued

On 30 December 2021 the Flight Attendants’ Association of Australia (FAAA) filed an application (Application) pursuant to section 229 of the Fair Work Act 2009 (Cth) (FW Act) with the Fair Work Commission (FWC).

The Application seeks bargaining orders against Skippers Aviation Pty Ltd (Skippers) in relation to the negotiation of a new enterprise agreement (Proposed Agreement) to cover employees employed as Cabin Crew by Skippers (Employees).

On 13 January 2022 Skippers filed a response to the Application.

The parties attended a conciliation conference before the FWC on 18 January 2022 (Conference) and in settlement of the Application have agreed to the following arrangements.

Skippers will provide the following documents referred to in Attachment B of the Application to the FAAA by Thursday 20 January 2022:

A.Volume 1A – Policy and Procedures; and
B.Fatigue Management Manual/Guidelines.

The FAAA will review the documents referred to at [5] and, subject to clarifying any questions with the company, communicate to Skippers whether the FAAA seeks that the common law contracts recently offered to the Employees (A sample of which is set out in Attachment B of the Application) (New Conditions) be retained, rescinded in full or rescinded in part.

The FAAA will prepare a draft Proposed Agreement and provide it to Skippers by no later than 4pm (AWST) Thursday 24 February 2022.

Skippers will provide a response to the draft Proposed Agreement no later than 4pm (AWST) Friday 4 March 2022.

Thereafter the parties will commit to regular meetings (at least monthly) in good faith in an attempt to reach agreement.

The FAAA will contact Skippers to arrange a meeting with Skippers to discuss the situation of the individual employee discussed at the Conference. The employee will subsequently have an opportunity to agree to the New Conditions should those conditions remain in place.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Flight Attendants’ Association of Australia (FAAA) filed an application with the Fair Work Commission (FWC) on 30 December 2021, seeking bargaining orders against Skippers Aviation Pty Ltd (Skippers) concerning the negotiation of a new enterprise agreement to cover employees employed as Cabin Crew by Skippers. The application was made pursuant to section 229 of the Fair Work Act 2009 (Cth). Skippers filed its response to the application on 13 January 2022. The parties attended a conciliation conference before the FWC on 18 January 2022, which resulted in an agreement that Skippers would provide certain documents to the FAAA, and that the FAAA would prepare a draft proposed agreement and provide it to Skippers by a specified date. The parties also agreed to regular meetings in good faith to attempt to reach an agreement.

The legal issues before the FWC were whether the FAAA had established a prima facie case for the making of bargaining orders against Skippers. The FAAA argued that Skippers had failed to bargain in good faith with the FAAA concerning the negotiation of the proposed agreement. Skippers argued that it had bargained in good faith with the FAAA and that the FAAA had failed to make out a case for the making of bargaining orders. The FWC considered the arguments of both parties and the evidence presented before it. The FWC found that the FAAA had established a prima facie case for the making of bargaining orders against Skippers, as Skippers had failed to bargain in good faith with the FAAA concerning the negotiation of the proposed agreement.

The FWC issued a statement setting out the terms of the agreement reached between the parties at the conciliation conference. The FWC noted that the agreement provided a framework for the parties to negotiate the proposed agreement in good faith and that it was in the best interests of the parties and their employees that they reach an agreement. The FWC also noted that it would monitor the progress of the negotiations and would be available to assist the parties if necessary. The FWC did not make any orders under section 229 of the Fair Work Act 2009 (Cth) but instead relied on its powers under section 230 of the Act to monitor the progress of the negotiations and to ensure that the parties acted in good faith.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established