Jet Aviation Australia Pty Ltd

[2025] FWCA 2105

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jet Aviation Australia Pty Ltd

(AG2025/1830)

JET AVIATION SYDNEY MRO ENTERPRISE AGREEMENT 2025 – 2028

Airline operations
COMMISSIONER P RYAN	SYDNEY, 26 JUNE 2025

Application for approval of the Application for approval of the Jet Aviation Sydney MRO Enterprise Agreement 2025 – 2028

Jet Aviation Australia Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Jet Aviation Sydney MRO Enterprise Agreement 2025 – 2028 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

Section 183 Bargaining Representative

The Australian Licensed Aircraft Engineers Association (ALAEA), being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the ALAEA.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 3 July 2025. The nominal expiry date of the Agreement is 31 March 2028.

COMMISSIONER

Annexure A

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Jet Aviation Australia Pty Ltd and its employees, who were represented by the Transport Workers Union. The dispute centred around the approval of the Jet Aviation Sydney MRO Enterprise Agreement 2025 – 2028. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval.

The key legal issue before the Commission was whether the agreement provided for fair and reasonable terms and conditions for the employees. This involved assessing whether the agreement was free from coercion, contained adequate provisions for dispute resolution, and ensured procedural fairness. The Commission also needed to determine whether the agreement complied with the requirements of the Fair Work Act 2009.

The Fair Work Commission found that the agreement was fair and reasonable on the whole, meeting the criteria for approval. The Commission was satisfied that the agreement was not the product of any form of coercion and included adequate provisions for dispute resolution and procedural fairness. The Commission also found that the agreement complied with the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the Jet Aviation Sydney MRO Enterprise Agreement 2025 – 2028, effective from the date of the Commission's decision. The agreement will now apply to the employees of Jet Aviation Australia Pty Ltd for the period of 2025 to 2028.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established