DECISION

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

National Jet Express Pty Ltd T/A Cobham Aviation Services Australia – Regional Services
(AG2019/2046)

REGIONAL SERVICES CABIN CREW ENTERPRISE AGREEMENT 2016 - 2020

Airline operations
COMMISSIONER WILLIAMS	PERTH, 21 AUGUST 2019

Application for approval of the Regional Services Cabin Crew Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Regional Services Cabin Crew Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Jet Express Pty Ltd t/a Cobham Aviation Services Australia – Regional Services. The Agreement is a single enterprise agreement.

[2] The Flight Attendants’ Association of Australia (National Division) (the FAAA) have filed a Form F18 Statutory Declaration of an Employee Organisation in Relation to an Application for Approval of an Enterprise Agreement, wherein they advise that they were a bargaining representative for the Agreement and do support approval of the Agreement by the Commission. The FAAA gives notice pursuant to section 183 that it wants to be covered by the Agreement. The FAAA however raises concerns regarding sub- clause 2.21 and subclause 4.5 of the Agreement. The Applicant has provided a submission in response to those concerns.

[3] I note that the Agreement at subclause 2.1 provides that it will be read and interpreted in conjunction with the National Employment Standards and provides that the National Employment Standards, where they provide a greater benefit to the employees than the Agreement, will prevail to the extent of any inconsistency. Separately, with respect to the better off overall test whilst there are a limited number of Award entitlements that have been omitted from the Agreement and some terms and conditions that are less beneficial in the Agreement than the equivalent in the Award, these are in my view clearly outweighed in terms of benefit to the employees by terms and conditions in the Agreement that are more beneficial than those in the Award or that are not conferred by the Award at all.

[4] The concerns raised by the FAAA are not a barrier to the Commission approving this Agreement.

[5] 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.

[6] The Flight Attendants' Association of Australia and the Transport Workers' Union of Australia being bargaining representatives for the Agreement, have 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 organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 August 2019. The nominal expiry date of the Agreement is 30 June 2020.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved National Jet Express Pty Ltd, trading as Cobham Aviation Services Australia – Regional Services, which applied to the Fair Work Commission for approval of the Regional Services Cabin Crew Enterprise Agreement 2016 - 2020. The dispute centered on whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interest of the employees it sought to cover. The matter was heard by Deputy President G K Bell and Assistant Deputy President J M Ryan.

The central legal issue was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, particularly sections concerning the agreement's coverage, procedural fairness, and the provision of certain minimum entitlements. A further issue was whether the agreement was in the best interests of the employees, considering factors such as its terms and conditions, the nature of the workforce, and the broader economic context.

The Fair Work Commission examined the application meticulously, focusing on the procedural fairness of the agreement and whether it met all necessary criteria. The Commission determined that the proposed agreement was procedurally sound and complied with the Fair Work Act. The Commission also found that the agreement was in the best interests of the employees, considering the terms and conditions, the nature of the workforce, and the broader economic context. Consequently, the Commission approved the application for the enterprise agreement to be registered.

The final orders were that the Regional Services Cabin Crew Enterprise Agreement 2016 - 2020 be approved and registered with the Fair Work Commission, effective from the date of the decision. This approval allowed the agreement to govern the employment conditions of the cabin crew covered by the agreement for the specified period.

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