Flight Training Adelaide T/A Flight Training Adelaide Pty Ltd

[2024] FWCA 2813

[2024] FWCA 2813

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Flight Training Adelaide T/A Flight Training Adelaide Pty Ltd

(AG2024/2746)

FLIGHT TRAINING ADELAIDE PTY LTD ENGINEERING ENTERPRISE AGREEMENT (2024)

Airline operations
COMMISSIONER HUNT	BRISBANE, 31 JULY 2024

Application for approval of the Flight Training Adelaide Pty Ltd Engineering Enterprise Agreement (2024)

1. Flight Training Adelaide T/A Flight Training Adelaide Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Flight Training Adelaide Pty Ltd Engineering Enterprise Agreement (2024) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement. 

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 16 August 2023 and the Agreement was made on 9 July 2024. Accordingly, the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. I indicated to the Employer my view that the Agreement’s existing consultation term did not meet the requirements of s.205 of the Act, and that in the event of approval, the model consultation term will be inserted into the Agreement. Pursuant to s.205(2) of the Act, the model consultation term prescribed by Schedule 2.3 of the Fair Work Regulations 2009 is attached to the Agreement and taken to be a term of it.

1. The Agreement does not contain a workplace delegates’ rights term as required under s.205A of the Act for agreements made on or after 1 July 2024.  Pursuant to s.205A(2) of the Act, the workplace delegates’ right term prescribed by the Airline Operations – Ground Staff Award 2020 is attached to the Agreement and taken to be a term of it. 

1. I have taken into consideration the material filed in the Fair Work Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2024. The nominal expiry date of the Agreement is 7 August 2026.

COMMISSIONER

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