Jet Aviation Australia Pty Ltd T/A Jet Aviation Australia

[2023] FWCA 1807

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jet Aviation Australia Pty Ltd T/A Jet Aviation Australia

(AG2023/1674)

JET AVIATION, CAIRNS MRO ENTERPRISE AGREEMENT 2023-2025

Airline operations
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 21 JUNE 2023

Application for approval of the Jet Aviation, Cairns MRO Enterprise Agreement 2023-2025

An application has been made for approval of an enterprise agreement known as the Jet Aviation, Cairns MRO Enterprise Agreement 2023-2025 (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 T/A Jet Aviation Australia. The Agreement is a single enterprise agreement.

The Employer has 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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union and the Australian Licenced Aircraft Engineers Association, being the bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·           Clause 14.4 – Notice of Termination by an Employee;
·           Clause 42.5 – Personal Leave; and
·           Clause 44 – Compassionate Leave.

However, noting clause 4.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2023. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Jet Aviation Australia Pty Ltd, trading as Jet Aviation Australia, made an application for approval of the Jet Aviation, Cairns MRO Enterprise Agreement 2023-25. The applicants sought approval of the agreement to be applied to employees in their employ, being members of the Australian Licensed Aircraft Engineers Association (Qld) Division of the Australian Licensed Aircraft Engineers Association. The applicants argued that the agreement was made in accordance with the relevant provisions of the Fair Work Act 2009. The applicants submitted that the agreement was a lawful agreement that complied with the requirements of the Fair Work Act and should be approved and registered by the Commission.

The central legal issue before the Commission was whether the Jet Aviation, Cairns MRO Enterprise Agreement 2023-25 complied with the Fair Work Act and was therefore eligible for approval and registration. The Commission considered the various provisions of the agreement, including its scope, coverage, and compliance with the procedural requirements of the Fair Work Act. The Commission also considered submissions from the parties and any relevant precedents.

The Commission determined that the Jet Aviation, Cairns MRO Enterprise Agreement 2023-25 met the criteria for approval and registration under the Fair Work Act. The Commission found that the agreement was made in good faith and that the necessary procedural requirements had been met. The Commission also found that the agreement was a lawful agreement and did not contain any provisions that were contrary to public policy or otherwise invalid. The Commission therefore approved and registered the agreement, effective from the date of the decision.

The Commission's final order was that the Jet Aviation, Cairns MRO Enterprise Agreement 2023-25 be approved and registered by the Commission. The agreement was to be applied to employees in the employ of the applicants, being members of the Australian Licensed Aircraft Engineers Association (Qld) Division of the Australian Licensed Aircraft Engineers Association. The order was effective from the date of the decision and was to remain in force until the end of the agreement's term.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established