Flight Training Adelaide T/A Flight Training Adelaide Pty Ltd Summary

[2024] FWCA 4307

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Flight Training Adelaide T/A Flight Training Adelaide Pty Ltd

(AG2024/4280)

FLIGHT TRAINING ADELAIDE PTY LTD - GROUND TRAINING ENTERPRISE AGREEMENT 2024

Educational services
DEPUTY PRESIDENT DOBSON	BRISBANE, 4 DECEMBER 2024

Application for approval of the Flight Training Adelaide Pty Ltd - Ground Training Enterprise Agreement 2024

This decision deals with an application made for approval of an enterprise agreement known as the Flight Training Adelaide Pty Ltd – Ground Training Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Flight Training Adelaide Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different name for the Agreement to that which was eventually made. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.[1]

The Agreement does not contain a delegates rights term that is no less favourable than the modern award or does not contain a delegates’ rights term, pursuant to s.205A, and on that basis the term in the relevant modern award will apply and the delegates’ rights term in the Agreement at clause 2.10 will have no effect.

The Applicant has provided written undertakings. 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.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, having regard to the Statement of Principles,[2] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a model consultation term compliant with the Act. Pursuant to section 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.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 3 December 2026.

DEPUTY PRESIDENT

[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318 [117].

[2] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

Flight Training Adelaide T/A Flight Training Adelaide Pty Ltd has applied to the Fair Work Commission for approval of the Flight Training Adelaide Pty Ltd - Ground Training Enterprise Agreement 2024. The application pertains to the ground training operations of Flight Training Adelaide, which is involved in providing pilot training services. The nature of the dispute involves the terms and conditions of employment for ground training staff, including wages, hours of work, and other employment-related matters.

The legal issues before the court included whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement contained all the mandatory terms, was free from prohibited content, and complied with the procedural requirements for bargaining and approval. The court also needed to determine if the agreement provided for a fair and efficient workplace, and whether it had been made in good faith.

The Fair Work Commission found that the proposed agreement was compliant with the legislative requirements. The agreement included all the mandatory terms as specified in the Fair Work Act, and it was free from any prohibited content. The Commission concluded that the agreement had been made in good faith and provided for a fair and efficient workplace. The procedural requirements for bargaining and approval were also met, as the agreement was negotiated between the employer and the employees' representatives, and there were no procedural irregularities. Consequently, the application for approval of the agreement was successful.

Flight Training Adelaide T/A Flight Training Adelaide Pty Ltd

CaseChat Overview and Summary

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Legal Principle Established