DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Jet Express Pty Ltd T/A Cobham Aviation Services Australia – Regional Services
(AG2020/2827)

REGIONAL SERVICES CABIN CREW ENTERPRISE AGREEMENT 2020

Airline operations
DEPUTY PRESIDENT BEAUMONT	PERTH, 22 JANUARY 2021

Application for approval of the Regional Services Cabin Crew Enterprise Agreement 2020 - 2023.

[1] National Jet Express Pty Ltd T/A Cobham Aviation Services Australia – Regional Services has made an application for the approval of an enterprise agreement known as the Regional Services Cabin Crew Enterprise Agreement 2020 - 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The Flight Attendants’ Association of Australia and the Transport Workers Union of Australia (together, the organisations),being bargaining representatives for the Agreement, have given notice under s 183 of the Act they want the Agreement to cover them. In accordance with s 201(2), and based on the statutory declarations provided by the organisations, I note that the organisations are covered by the Agreement.

[6] The Agreement was approved on 22 January 2021 and, in accordance with s 54, will operate from 29 January 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by National Jet Express Pty Ltd, trading as Cobham Aviation Services Australia – Regional Services, to approve a proposed enterprise agreement. The proposed agreement in question was the Regional Services Cabin Crew Enterprise Agreement 2020 – 2023. The application was made under the Fair Work Act 2009, seeking the Commission's approval for the terms and conditions set out in the proposed agreement, which would govern the employment of cabin crew within the regional services division of the company.

The legal issues before the Commission were primarily centred on whether the proposed agreement met the requirements for approval under the Fair Work Act. This included assessing whether the agreement had been made in good faith and without the use of coercion or undue influence. Furthermore, the Commission had to determine whether the agreement would provide for the fair and equitable treatment of employees, and whether it contained terms that were consistent with the objectives of the Act, including ensuring that employees were not subject to unfair dismissal.

The Fair Work Commission, in delivering its decision, considered the evidence provided by both the applicant and the relevant employee representatives. The Commission examined the process by which the agreement was negotiated and whether it had been done in good faith. The Commission also assessed whether the proposed terms and conditions of employment were fair and reasonable, taking into account the principles of the Fair Work Act and the specific circumstances of the cabin crew employees. After careful consideration, the Commission found that the application met the necessary criteria for approval and granted the approval sought by National Jet Express Pty Ltd.

In granting approval, the Commission made an order that the Regional Services Cabin Crew Enterprise Agreement 2020 – 2023 be approved as a registered agreement under the Fair Work Act 2009. This decision meant that the proposed terms and conditions would become legally binding on the parties from the date of registration, thereby providing a framework for the employment of cabin crew in the regional services division of the company.

National Jet Express Pty Ltd T/A Cobham Aviation Services Australia – Regional Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established