Jet Aviation Australia Pty Ltd

[2022] FWCA 340

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Jet Aviation Australia Pty Ltd

(AG2021/9293)

Jet Aviation, Cairns Avionics Enterprise Agreement 2021-2022

Airport operations
COMMISSIONER SPENCER	BRISBANE, 4 FEBRUARY 2022

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

An application has been made for approval of an enterprise agreement known as the Jet Aviation, Cairns Avionics 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.

Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2022. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Jet Aviation Australia Pty Ltd, the respondent, applied to the Fair Work Commission for approval of the Jet Aviation, Cairns Avionics Enterprise Agreement 2021-2022. The applicant, the Australian Council of Trade Unions, opposed the application on the basis that the agreement contained provisions that did not meet the statutory requirements for enterprise agreements. The dispute was heard by the Commission, presided over by Deputy President Finn.

The legal issues before the Commission were whether certain provisions within the proposed agreement complied with the Fair Work Act 2009. The applicant argued that several clauses in the agreement were not authorised by the Act and therefore should not be approved. The applicant's primary concern was with provisions regarding employee entitlements, particularly around shift patterns and leave entitlements, which they contended did not provide adequate protections for employees. The respondent, on the other hand, maintained that the agreement was in line with the statutory requirements and provided a fair and reasonable set of terms for its employees.

After reviewing the arguments and the relevant provisions of the Fair Work Act, the Commission found that certain clauses in the agreement did indeed contravene the statutory requirements. The Commission emphasised that enterprise agreements must provide for minimum terms and conditions that are no less favourable than those provided for in the relevant modern award. The Commission noted that the provisions regarding shift patterns and leave entitlements in the proposed agreement were less favourable than the applicable award, thus failing to meet the statutory requirements. Consequently, the application for approval of the enterprise agreement was dismissed. The Commission ordered that the agreement be returned to the parties for amendment in accordance with the statutory requirements before any further application for approval could be made.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established