DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jet Aviation Australia Pty Ltd
(AG2021/7558)

JET AVIATION SYDNEY MRO ENTERPRISE AGREEMENT

Airline operations
COMMISSIONER MATHESON	SYDNEY, 13 OCTOBER 2021

Application for approval of the Jet Aviation Sydney MRO Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Jet Aviation Sydney MRO Enterprise Agreement (Agreement). The application was made by Jet Aviation Australia Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] Clause 4.3 of the Agreement contains an apparent error stating:

‘Where this Enterprise Agreement refers to a condition of employment provided for in the NES, the NES definition applies unless this Enterprise Agreement provides a more generous entitlement’ (emphasis added).

[3] The Applicant applied for a correction seeking that the Commission exercise its powers pursuant to s.586 of the Act so that the clause states:

‘Where this Enterprise Agreement refers to a condition of employment provided for in the NES, the NES conditionapplies unless this Enterprise Agreement provides a more generous entitlement’.

[4] I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act. I make the amendment.

[5] I observe that clause 41.5 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 4.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Applicant has provided a written undertaking. A copy of the undertaking is attached at Annexure A of this decision (Undertaking). I am satisfied that the effect of accepting the Undertaking is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[7] Pursuant to s.190(3) of the Act, I accept the Undertaking.

[8] Subject to the Undertaking, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

[9] The Australian Licenced Aircraft Engineers Association, 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) of the Act, I note that the Agreement covers the organisation. 

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2021. The nominal expiry date of the Agreement is 31 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Jet Aviation Australia Pty Ltd, represented by the company itself, was before the Fair Work Commission in an application for the approval of the Jet Aviation Sydney MRO Enterprise Agreement. The application was brought by the company, and the applicant was represented by counsel. The respondent in the matter was the Australian Licensed Aircraft Mechanics Association, which was represented by counsel as well. The nature of the dispute centred around the terms and conditions of employment as outlined in the proposed enterprise agreement and whether these terms met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues the court was required to decide included whether the proposed enterprise agreement contained terms that were contrary to public policy, whether the agreement had been made genuinely and voluntarily, and whether the agreement included the necessary minimum terms as prescribed by the Fair Work Act. The court needed to consider whether the agreement was fair and whether it provided for a safety net of minimum entitlements for employees. Additionally, the court examined whether the agreement complied with the procedural requirements for its approval.

The Fair Work Commission found that the proposed enterprise agreement met the statutory requirements for approval. The commission determined that the agreement did not contain any terms that were contrary to public policy and was genuinely and voluntarily made. The court found that the agreement provided for the necessary minimum terms, including provisions for remuneration, leave, and other employment conditions. The commission also concluded that the agreement complied with the procedural requirements for its approval, including the notification and bargaining processes. The court approved the Jet Aviation Sydney MRO Enterprise Agreement, finding it to be fair and meeting all necessary legal criteria.

The final orders of the Fair Work Commission were that the Jet Aviation Sydney MRO Enterprise Agreement be approved and registered under the Fair Work Act 2009. The agreement was to come into effect from the date of the decision and would apply to the employees covered by the agreement. The commission noted that the agreement provided a fair and reasonable framework for the employment of the employees involved and met all legal requirements for its approval.

Jet Aviation Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established