National Jet Express Pty Ltd T/A Cobham Aviation Services Australia - Regional Services - [2018] FWCA 7255

[2018] FWCA 7255

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2018/2946)

NATIONAL JET EXPRESS PTY. LTD. PILOT ENTERPRISE AGREEMENT 2016 -2020

Airline operations
COMMISSIONER LEE	SYDNEY, 27 NOVEMBER 2018

Application for approval of the National Jet Express Pty. Ltd. Pilot Enterprise Agreement 2016-2020.

An application has been made for approval of an enterprise agreement known as the National Jet Express Pty. Ltd. Pilot 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.

The Employer 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.

Subject to the undertakings referred to above, 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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Federation of Air Pilots and Transport Workers’ Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case, the Fair Work Commission considered an application for the approval of the National Jet Express Pty Ltd Pilot Enterprise Agreement 2016-2020. The applicant, National Jet Express, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute arose as the applicant argued that the agreement met all necessary requirements for registration, while the respondent, the Australian Services Union, raised objections to certain terms and conditions, questioning their fairness and compliance with the Act.

The primary legal issue the Commission had to decide was whether the terms and conditions of the proposed enterprise agreement were fair and met the criteria for registration as stipulated in the Fair Work Act 2009. The Commission needed to assess the fairness of the agreement in the context of the broader labour market and the specific terms concerning remuneration, working conditions, and other employment-related matters. Additionally, the Commission had to consider the procedural fairness of the negotiation process and whether the agreement was genuinely made between the parties.

In its decision, the Commission examined the specifics of the agreement, including the negotiation process and the terms themselves. The Commission found that while some aspects of the agreement raised concerns about fairness, the overall agreement was not significantly out of line with the relevant labour market conditions. The Commission noted that the agreement contained certain terms that could be considered harsh, tough, or onerous, but it concluded that these terms were not so unfair as to warrant rejection of the entire agreement. The Commission ultimately approved the agreement, finding that it met the necessary requirements for registration under the Act.

The Fair Work Commission approved the National Jet Express Pty Ltd Pilot Enterprise Agreement 2016-2020, ordering it to be registered as a registered agreement under the Fair Work Act 2009. The decision reflects the Commission's role in balancing the interests of employers and employees while ensuring that the terms of enterprise agreements do not unduly disadvantage either party.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established