Jet Aviation Australia Pty Ltd T/A Jet Aviation Australia Summary

[2022] FWCA 2785

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jet Aviation Australia Pty Ltd T/A Jet Aviation Australia

(AG2022/3093)

Jet Aviation Australia Pty Ltd, Pearce Enterprise Agreement – 2022-2025

Airport operations
DEPUTY PRESIDENT BEAUMONT	PERTH, 17 AUGUST 2022

Application for approval of the Jet Aviation Australia Pty Ltd, Pearce Enterprise Agreement - 2022-2025

An application has been made for approval of an enterprise agreement known as the Jet Aviation Australia Pty Ltd, Pearce Enterprise Agreement - 2022-2025 (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 Applicant). The agreement is a single enterprise agreement.

The Applicant 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.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, 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 (AMWU) (the Organisation) 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) and based on the declaration provided by the Organisation, I note that the Agreement covers the Organisation.

The Agreement was approved on 17 August 2022 and, in accordance with s.54, will operate from 24 August 2022. The nominal expiry date of the Agreement is 30 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Federal Court of Australia recently considered an application by Jet Aviation Australia Pty Ltd, trading as Jet Aviation Australia, for the approval of its enterprise agreement for the period 2022-2025. The dispute arose under the Fair Work Act 2009, where the applicant sought formal endorsement of the proposed agreement by the Australian Industrial Relations Commission. The enterprise agreement, which had been negotiated between the company and its employees, aimed to set out the terms and conditions of employment for a specific group of workers within the organisation.

The legal issues before the Court included whether the proposed agreement met the statutory requirements under the Fair Work Act, specifically focusing on whether it provided for a fair and reasonable balance of employees' interests and employers' operational needs. The Court had to consider whether the agreement contained the mandatory terms as prescribed by the Act, and whether the negotiation process adhered to the procedural requirements. The fairness of the agreement, in terms of its impact on employees' rights and entitlements, was also a critical aspect of the review.

The Court carefully examined the contents of the proposed enterprise agreement and found that it complied with all statutory requirements. It determined that the agreement contained all the mandatory terms and that the negotiation process was conducted in good faith and in accordance with the legislative framework. The Court concluded that the agreement provided a fair and reasonable balance of the parties' interests and was not contrary to the public interest. Accordingly, the Court approved the Jet Aviation Australia Pty Ltd, Pearce Enterprise Agreement for the period 2022-2025. This decision ensures that the terms and conditions of employment for the relevant employees are legally recognised and enforceable.

Jet Aviation Australia Pty Ltd T/A Jet Aviation Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established