DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Jet Operation Services Pty Ltd
(AG2018/990)

NATIONAL JET OPERATIONS SERVICES PTY LTD AIRLINE SERVICES CABIN CREW ENTERPRISE AGREEMENT 2017

Airline operations
COMMISSIONER WILSON	MELBOURNE, 5 JULY 2018

Application for approval of the National Jet Operations Services Pty Ltd Airline Services Cabin Crew Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the National Jet Operations Services Pty Ltd Airline Services Cabin Crew Enterprise Agreement 2017 (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 Operation Services Pty Ltd. 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] 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.

[4] 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.

[5] The Transport Workers’ Union of Australia and the Flight Attendants’ Association 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 these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2018. The nominal expiry date of the Agreement is 4 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, National Jet Operations Services Pty Ltd, sought approval of their enterprise agreement, the National Jet Operations Services Pty Ltd Airline Services Cabin Crew Enterprise Agreement 2017. The dispute was heard in the Fair Work Commission, where the applicants argued that the agreement was suitable for approval under the Fair Work Act 2009. The respondents, who were the cabin crew members represented by the Australian Services Union, opposed the approval, arguing that the agreement did not meet the "better off overall test" and contained provisions that were not in the best interests of the employees.

The legal issues the court had to decide were whether the agreement complied with the "better off overall test" and whether it met the requirements of the Fair Work Act 2009. The "better off overall test" requires that the agreement must provide employees with financial and non-financial benefits that are no less favourable than their previous conditions of employment or awards. The court had to consider whether the agreement provided for fair and reasonable terms and conditions of employment and whether it was in the best interests of the employees.

The court found that the agreement did comply with the "better off overall test" and met the requirements of the Fair Work Act 2009. The court considered the evidence provided by both parties and found that the agreement provided for fair and reasonable terms and conditions of employment. The court also found that the agreement was in the best interests of the employees as it provided for better wages and conditions than their previous awards. The court approved the agreement, and the applicants' application for approval of the enterprise agreement was successful.

The final orders of the court were that the National Jet Operations Services Pty Ltd Airline Services Cabin Crew Enterprise Agreement 2017 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered by the Fair Work Commission and would be in effect from the date of registration. The respondents were given the right to apply for a review of the decision within 21 days of the date of the decision.

National Jet Operation Services 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