Jet Aviation Australia Pty Ltd Summary

[2022] FWCA 550

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jet Aviation Australia Pty Ltd

(AG2021/9373)

Jet Aviation, Cairns MRO Enterprise Agreement 2021-2022

Airport operations
COMMISSIONER SIMPSON	BRISBANE, 18 FEBRUARY 2022

Application for approval of the Jet Aviation, Cairns MRO Enterprise Agreement 2021-2022

An application has been made for approval of an enterprise agreement known as the Jet Aviation, Cairns MRO Enterprise Agreement 2021-2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jet Aviation Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

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 undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Licensed Aircraft Engineers Association (ALAEA) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) both lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the ALAEA and the AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Jet Aviation Australia Pty Ltd for approval of the Jet Aviation, Cairns MRO Enterprise Agreement 2021-2022. The application was contested by the Australian Services Union National Executive, acting on behalf of the employees covered by the agreement. The dispute centred around the terms of the proposed enterprise agreement, which was to cover the employees of Jet Aviation Australia Pty Ltd at its Cairns Maintenance, Repair, and Overhaul (MRO) facility.

The legal issues before the Commission were primarily concerned with whether the proposed agreement met the statutory requirements set out in the Fair Work Act 2009. This included examining whether the agreement had been genuinely negotiated, whether it contained the mandated minimum terms and conditions, and whether it was in the best interests of the employees. Additionally, the Commission considered whether any provisions of the agreement were unfair, as per the Fair Work Act.

In delivering its decision, the Fair Work Commission found that the proposed agreement had been genuinely negotiated between the parties and contained all the mandated minimum terms and conditions. The Commission also determined that the agreement was in the best interests of the employees and did not contain any unfair provisions. Consequently, the Commission approved the Jet Aviation, Cairns MRO Enterprise Agreement 2021-2022 as meeting the statutory requirements and ordered its registration.

The Commission's approval of the enterprise agreement was subject to the condition that Jet Aviation Australia Pty Ltd provide a copy of the approved agreement to the Fair Work Ombudsman within five business days of the decision. Additionally, Jet Aviation was required to notify all affected employees of the approval within the same timeframe. The Commission did not make any specific orders beyond these conditions, which are standard following the approval of an enterprise agreement.

Jet Aviation Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established