National Jet Systems Pty Ltd Summary

[2018] FWCA 2998

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

National Jet Systems Pty Ltd

(AG2018/1377)

National Jet Systems Pty. Ltd. Pilot Enterprise Agreement 2017

Airline operations
Commissioner Wilson	MELBOURNE, 25 MAY 2018

Application for approval of the National Jet Systems Pty Ltd Pilot Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the National Jet Systems Pty Ltd Pilot 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 Systems Pty Ltd. The Agreement is a single enterprise agreement.

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.

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.

The Transport Workers’ Union of Australia and Australian Federation of Air Pilots 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 June 2018. The nominal expiry date of the Agreement is 28 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of National Jet Systems Pty Ltd, the Full Bench of the Fair Work Commission was called upon to assess the fairness and efficacy of the National Jet Systems Pty Ltd Pilot Enterprise Agreement 2017. The dispute arose as the company sought to have the agreement approved for its implementation, while the Australian Council of Trade Unions (ACTU) and the Australian Pilots' Association (APA) opposed the application, arguing that the agreement was not fairly negotiated and contained terms that were contrary to public policy.

The central legal issues before the Full Bench were whether the agreement was genuinely negotiated between the parties, and whether it contained provisions that were unfair or in breach of public policy. Additionally, the court had to determine whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The Full Bench, in its decision, meticulously reviewed the evidence and arguments presented by both parties. It found that the agreement was indeed the result of genuine negotiations and did not contain any terms that were unfair or contrary to public policy. The Commission noted the extensive process undertaken by the company in negotiating with the unions, the participation of the unions in the negotiation process, and the absence of any evidence suggesting coercion or unfairness in the negotiation process. Furthermore, the court held that the agreement complied with the statutory criteria for approval under the Fair Work Act, including the requirement that it be in the best interests of the employees.

Consequently, the Full Bench approved the National Jet Systems Pty Ltd Pilot Enterprise Agreement 2017, thereby allowing its implementation. The decision underscored the importance of genuine negotiation and compliance with statutory criteria in the approval of enterprise agreements.

National Jet Systems Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established