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

[2022] FWC 76

[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

1. 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).

1. 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).

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

1. 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.

1. 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.

1. 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to the Employees (A sample of which is set out in Attachment B of the Application) (New Conditions) be retained, rescinded in full or rescinded in part.

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

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

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

1. 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

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