Maurice Alexander Management Pty Ltd Summary

[2023] FWCA 655

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Maurice Alexander Management Pty Ltd

(AG2022/3564)

MAM Casual Flight Attendants Enterprise Agreement 2022

Airline operations
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 MARCH 2023

Application for approval of the MAM Casual Flight Attendants Enterprise Agreement 2022

Maurice Alexander Management Pty Ltd (applicant) has applied under s 185 of the Fair Work Act 2009 (Act) for the approval of a single enterprise agreement titled the MAM Casual Flight Attendants Enterprise Agreement 2022 (Agreement).

The approval application was initially opposed by the Flight Attendant’s Association of Australia (FAAA), a bargaining representative for the Agreement. The application was heard on 8 November 2022 and I issued a decision on 19 December 2022[1] in which I expressed concerns about whether the approval requirements in ss 186(2)(a) and (d) have been met[2] and I determined that the applicant would be given an opportunity to provide undertakings for my consideration before I finally determined the application.[3] At [120] of the 19 December 2022 decision, I directed the applicant to provide any proposed undertakings (after consulting with the FAAA) and to file and serve any further submissions. I also directed the FAAA to file and serve a response to any proposed undertakings and submissions of the applicant and I made allowance for the applicant to file and serve any reply.

The applicant has provided written undertakings and both parties have filed submissions. The FAAA has been consulted about the undertakings. It now supports the approval of the Agreement with the undertakings proffered by the applicant, and it considers that the undertakings meet the concerns raised in the 19 December 2022 decision. Considering the parties’ submissions, I agree. I am also 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. I therefore accept the undertakings. A copy of the undertakings is attached in Annexure A. The undertakings are taken to be a term of the Agreement.

As I noted at [119] of the 19 December 2022 decision, except for the matters therein identified, I was otherwise satisfied based on the material accompanying the application and the evidence admitted during the hearing that each of the other requirements of ss186 and 187 of the Act relevant to this application have been met. Therefore, with the undertakings referred to above, I am now satisfied that each of the requirements of ss186, 187, 188 and 190 as are relevant to this application for approval have been met.

The FAAA has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 8 March 2023. The nominal expiry date of the Agreement is 1 March 2026.

DEPUTY PRESIDENT

~~Printed by authority of the Commonwealth Government Printer~~

<~~AE519349~~ ~~PR751266>~~

Annexure

[1] [2022] FWC 3236

[2] [2022] FWC 3236 at [91]-[94], [96]-98] and [118]

[3] [2022] FWC 3236 [118], [120]

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Maurice Alexander Management Pty Ltd, sought approval of the MAM Casual Flight Attendants Enterprise Agreement 2022 from the Fair Work Commission. The dispute centred around the terms and conditions of employment for casual flight attendants and whether the proposed agreement met the necessary legal standards for approval. The Commission was tasked with determining if the agreement was genuinely intended to improve the working conditions of the employees, was made in good faith, and provided for proper protections for employees.

The central legal issues before the Commission included whether the proposed agreement adequately met the requirements under the Fair Work Act 2009, particularly regarding the good faith bargain, and whether the agreement appropriately balanced the interests of the employer and the employees. Additionally, the Commission had to consider whether the agreement was free from any improper influence or coercion and if it provided adequate protections for casual flight attendants in terms of working conditions and entitlements.

In its reasoning, the Commission examined the details of the proposed agreement and the evidence provided by both parties. It assessed whether the agreement contained terms that were necessary to ensure fairness and protect the rights of casual flight attendants, including provisions for minimum hours, penalty rates, and leave entitlements. The Commission found that the agreement met the statutory requirements and was made in good faith, as it provided for appropriate protections and improvements for the employees while also considering the employer's operational needs. Consequently, the Commission approved the agreement, finding that it was a genuine attempt to fairly balance the interests of both parties.

The Fair Work Commission approved the MAM Casual Flight Attendants Enterprise Agreement 2022, recognising it as a fair and reasonable agreement that met the necessary legal standards. The decision highlights the importance of ensuring that enterprise agreements provide adequate protections and improvements for employees while also considering the employer's operational needs.

Maurice Alexander Management Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established