DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Maurice Alexander Management Pty Ltd
(AG2015/3487)

FLIGHT ATTENDANTS’ ASSOCIATION OF AUSTRALIA NATIONAL DIVISION / CASUAL FLIGHT ATTENDANTS ENTERPRISE AGREEMENT 2015

Airline operations
COMMISSIONER CRIBB	MELBOURNE, 10 AUGUST 2015

Application for approval of the Flight Attendants’ Association of Australia National Division / Casual Flight Attendants Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Flight Attendants’ Association of Australia National Division / Casual Flight Attendants Enterprise 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 Maurice Alexander Management Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Flight Attendants’ Association of Australia (FAAA) 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.

[4] The Agreement was approved in Chambers on 10 August 2015 and, in accordance with s.54 of the Act, will operate from 17 August 2015. The nominal expiry date of the Agreement is 27 April 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Maurice Alexander Management Pty Ltd, an employer, brought an application for approval of a proposed enterprise agreement with the Flight Attendants’ Association of Australia National Division. The application was heard in the Fair Work Commission, where the dispute was over the terms and conditions of employment for casual flight attendants. The primary legal issue was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. The court had to determine if the agreement complied with the legislative provisions for enterprise agreements, including whether it provided for the proper protection of employees' interests and if it was made in good faith.

The court examined the agreement in detail, considering whether it met the formal requirements, such as being in writing and being signed by authorised representatives. It also assessed the agreement’s content, ensuring it did not undermine the protection of employees' rights and did not have an adverse effect on the industrial relations system. The court found that the proposed agreement was comprehensive and included provisions for minimum rates of pay, conditions of employment, and dispute resolution mechanisms. It concluded that the agreement was made in good faith and provided for the proper protection of employees' interests.

Having determined that the proposed agreement met all the necessary criteria for approval, the court granted the application. The Flight Attendants’ Association of Australia National Division / Casual Flight Attendants Enterprise Agreement 2015 was approved, and the terms and conditions set out in the agreement would govern the employment of casual flight attendants. The decision ensures that the parties have a legally binding agreement that addresses their respective interests while maintaining compliance with the Fair Work Act 2009.

Maurice Alexander Management 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