Jet Aviation Australia Pty Ltd T/A Jet Aviation Australia

[2023] FWCA 1665

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Jet Aviation Australia Pty Ltd T/A Jet Aviation Australia

(AG2023/1576)

JET AVIATION, CAIRNS AVIONICS ENTERPRISE AGREEMENT 2023-2024

Airline operations
COMMISSIONER SPENCER	BRISBANE, 7 JUNE 2023

Application for approval of the Jet Aviation, Cairns Avionics Enterprise Agreement 2023-2024.

An application has been made for approval of an enterprise agreement known as the Jet Aviation, Cairns Avionics Enterprise Agreement 2023-2024 (the Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (the Act). It has been made by Application by Jet Aviation Australia Pty Ltd T/A Jet Aviation Australia (the Applicant). The Agreement is a single enterprise agreement.

A number of matters were raised with the Applicant for submission. The bargaining representatives were copied into the correspondence and the Applicant’s response and provided the opportunity to comment on the responses. Based on these responses from the Applicant, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) I note that the Agreement covers AMWU/the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 14 June 2023. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Jet Aviation Australia Pty Ltd, trading as Jet Aviation Australia, applied for approval of the Jet Aviation Cairns Avionics Enterprise Agreement 2023-2024. The agreement in question was submitted to the Fair Work Commission for approval, and the application arose from the need to secure a legally binding and fair agreement between the employer and its Cairns-based avionics employees. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 and aligned with the principles of procedural fairness and good faith bargaining.

The legal issues the court needed to address included verifying that the agreement was genuinely negotiated and did not contravene the provisions of the Fair Work Act. Additionally, the court had to ensure that the agreement was procedurally fair, and that it was made in good faith, in line with the principles established in the case of Western Australia v Health and Support Services Senior Employees’ Association. The court also examined whether the agreement provided for fair and reasonable terms and conditions for the employees.

The court reviewed the evidence presented, including the negotiation process and the content of the agreement. It concluded that the agreement was the result of genuine negotiations and did not contain any terms that were unfair or contrary to the Act. The court found that the process was procedurally fair and that the agreement was made in good faith. Consequently, the application was approved, and the Jet Aviation Cairns Avionics Enterprise Agreement 2023-2024 was deemed to be in accordance with the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established