Flight Training Adelaide T/A Flight Training Adelaide Pty Ltd

[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)

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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Flight Training Adelaide T/A Flight Training Adelaide Pty Ltd, the dispute involved an application for the approval of the Flight Training Adelaide Pty Ltd Engineering Enterprise Agreement (2024). The application was made to the Fair Work Commission, a tribunal established under the Fair Work Act 2009. The respondent in the proceedings was the Australian Licensed Aircraft Engineers Association Inc., which opposed the approval of the agreement on various grounds.

The central legal issues the Fair Work Commission had to resolve were whether the proposed agreement met the requirements set out in the Fair Work Act, particularly whether it complied with the provisions concerning the protection of employees' rights and interests. Specifically, the Commission needed to determine if the agreement adequately provided for the terms and conditions of employment, including wages, hours of work, and other employment-related matters. Furthermore, the Commission had to assess if the agreement was free from any unfair provisions that might adversely affect the employees' rights.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, determined that the proposed agreement was compliant with the statutory requirements. The Commission concluded that the agreement was fair and balanced, taking into account the needs and rights of both the employer and the employees. The Commission approved the agreement, finding that it did not contain any unfair provisions and that it adequately protected the employees' rights and interests. Consequently, the application for approval was successful, and the agreement was registered under the Fair Work Act.

The final orders of the Fair Work Commission were that the Flight Training Adelaide Pty Ltd Engineering Enterprise Agreement (2024) be approved and registered. The agreement was to be in effect from the date of registration, ensuring that all terms and conditions outlined in the agreement would govern the employment relationship between Flight Training Adelaide and its engineering staff.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established