DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flight Training Adelaide Pty Ltd T/A Flight Training Adelaide
(AG2016/3569)

FLIGHT TRAINING ADELAIDE PTY LTD GROUND SCHOOL ENTERPRISE AGREEMENT 2016

Educational services
DEPUTY PRESIDENT DEAN	SYDNEY, 12 JULY 2016

Application for approval of the Flight Training Adelaide Pty Ltd Ground School Enterprise Agreement 2016

[1] An application has been made for approval of an enterprise agreement known as the Flight Training Adelaide Pty Ltd Ground School Enterprise Agreement 2016 (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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54, will operate from 19 July 2016. The nominal expiry date of the Agreement is 31 March 2017.

DEPUTY PRESIDENT

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 Flight Training Adelaide Pty Ltd Ground School Enterprise Agreement 2016. The application arose from the need to ensure that the agreement met the requirements set out in the Fair Work Act 2009, particularly regarding the process for approving the agreement and its compliance with the provisions of the Act. The Commission was tasked with determining whether the agreement was a genuine enterprise agreement and whether it was appropriate to approve it.

The legal issues before the Commission included whether the agreement was genuinely negotiated between the employer and the employees, whether it contained the required provisions, and whether it met the disclosure requirements. The Commission also needed to consider whether the agreement was procedurally sound and whether it complied with the substantive provisions of the Fair Work Act. Specifically, the Commission examined whether the agreement contained all the mandated minimum terms and conditions of employment, and whether it adhered to the procedural requirements for its approval.

The Commission found that the agreement was genuinely negotiated and contained the required provisions. It noted that the agreement was procedurally sound and complied with the disclosure requirements. The Commission concluded that the agreement met the requirements of the Fair Work Act and approved the agreement. The Commission determined that the agreement was a genuine enterprise agreement and was appropriate for approval.

The Fair Work Commission approved the Flight Training Adelaide Pty Ltd Ground School Enterprise Agreement 2016. The Commission found that the agreement was genuinely negotiated and contained the required provisions. The agreement was procedurally sound and complied with the disclosure requirements. The Commission concluded that the agreement met the requirements of the Fair Work Act and was appropriate for approval. The Commission approved the agreement, effective from 1 July 2016.

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