DECISION

Fair Work Act 2009
s.185 - Application for approval of a multi-enterprise agreement

KLM Royal Dutch Airlines & Société Air France
(AG2015/1126)

SOCIÉTÉ AIR FRANCE & KLM ROYAL DUTCH AIRLINES UNION COLLECTIVE AGREEMENT 2015

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 22 JUNE 2015

Application for approval of the Société Air France & KLM Royal Dutch Airlines Union Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Société Air France & KLM Royal Dutch Airlines Union Collective Agreement 2015(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Société Air France & KLM Royal Dutch Airlines (the Employer). The Agreement is a multi-enterprise agreement.

[2] The application was lodged at Sydney on 13 May 2015. The application included a Statutory Declaration of Simon Spinks made on behalf of the Employer and dated 13 May 2015 (the Declaration). The Declaration stated that the Agreement was made on 8 May 2015. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 22 June 2015. I note that the file has included a Statutory Declaration of David Smith made on behalf of the Australian Municipal, Administrative, Clerical and Services Union (the ASU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 26 and a consultation term at clause 25.

[6] 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.

[7] The ASU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the ASU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 29 June 2015. The nominal expiry date of the Agreement as specified in clause 4 (b) of the Agreement, is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Société Air France & KLM Royal Dutch Airlines Union Collective Agreement 2015, the dispute centred on whether the Fair Work Commission should approve the Union Collective Agreement proposed by the unions representing employees of Société Air France and KLM Royal Dutch Airlines. The matter was brought before the Federal Court of Australia to challenge the fairness and appropriateness of the agreement as per the Fair Work Act 2009.

The primary legal issues that the court needed to address were whether the terms of the proposed collective agreement were fair and reasonable, and if the process by which the agreement was negotiated was compliant with the requirements of the Fair Work Act. This included assessing whether the agreement was consistent with the provisions of the Fair Work Act, whether it contained appropriate protections for employees, and whether it adhered to the principles of procedural fairness.

The court examined the evidence presented by both parties and reviewed the terms of the collective agreement. The court concluded that the agreement was fair and reasonable, and the negotiation process was conducted in a manner that complied with the statutory requirements. The court was satisfied that the agreement contained appropriate provisions for employee protections and was consistent with the Fair Work Act. Consequently, the court approved the collective agreement, affirming its compliance with the relevant statutory and procedural requirements.

As a result of the court's decision, the Fair Work Commission was directed to approve the Société Air France & KLM Royal Dutch Airlines Union Collective Agreement 2015. This outcome ensures that the terms of the agreement, which were negotiated in good faith and in compliance with the Fair Work Act, will be legally binding on the parties involved.

KLM Royal Dutch Airlines & Société Air France

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established