DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flight Training Adelaide Pty Ltd T/A Flight Training Adelaide
(AG2017/1073)

FLIGHT TRAINING ADELAIDE PTY LTD - GROUND TRAINING ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER GREGORY	MELBOURNE, 3 JULY 2017

Application for approval of the Flight Training Adelaide Pty Ltd - Ground Training Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Flight Training Adelaide Pty Ltd - Ground Training Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Flight Training Adelaide Pty Ltd T/A Flight Training Adelaide. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2017. The nominal expiry date of the Agreement is 2 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Flight Training Adelaide Pty Ltd, trading as Flight Training Adelaide, applied to the Fair Work Commission for approval of the Ground Training Enterprise Agreement 2017. The application arose from negotiations between the company and its employees, represented by the Australian Education Union. The dispute centred on the terms and conditions of employment for ground training officers within the company.

The legal issues before the Commission involved whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, including whether it provided for minimum entitlements and if it had been negotiated in good faith. The Commission had to assess if the agreement was fair and whether it adhered to the principles of the industrial relations system, particularly concerning procedural fairness and the protection of employees' rights.

The Commission examined the negotiation process, the content of the agreement, and its compliance with the Fair Work Act. It found that the agreement had been negotiated in good faith and provided for minimum entitlements as required by law. The Commission also considered the nature of the work and the specific conditions of the employees, concluding that the proposed agreement was fair and appropriate. The application was subsequently approved, and the Ground Training Enterprise Agreement 2017 was registered.

Flight Training Adelaide Pty Ltd T/A Flight Training Adelaide

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established