DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Network Aviation Pty Ltd
(AG2016/7965)

NETWORK AVIATION PILOTS ENTERPRISE AGREEMENT 2016

Airline operations
COMMISSIONER ROE	MELBOURNE, 15 MARCH 2017

Application for approval of the Network Aviation Pilots Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Network Aviation Pilots Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Network Aviation Pty Ltd as Trustee for the Network Trust T/As Network Aviation Australia. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian and International Pilots Association, Australian Federation of Air Pilots, Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has 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 organisation.

[4] The Agreement was approved on 15 March 2017 and, in accordance with s.54, will operate from 22 March 2017. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Network Aviation Pty Ltd recently appeared before the Fair Work Commission to seek approval of the Network Aviation Pilots Enterprise Agreement 2016. The applicant, Network Aviation, sought to establish a new enterprise agreement that would govern the terms and conditions of employment for its pilots. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the provision of fair and reasonable terms and conditions of employment.

The central legal issue before the Commission was whether the proposed agreement met the statutory criteria for approval, including ensuring the agreement provided for fair and reasonable terms and conditions of employment, was free from coercive conduct, and was appropriately certified by the Australian Industrial Relations Commission. The Commission also had to consider whether the agreement contained provisions that could be considered contrary to the public interest or that might undermine the safety and welfare of employees.

In delivering its decision, the Commission thoroughly examined the proposed agreement against the statutory requirements. It was satisfied that the agreement provided fair and reasonable terms and conditions of employment for the pilots, did not contain any provisions that were coercive, and was appropriately certified. The Commission also found that the agreement did not include any terms that were contrary to the public interest or that would undermine safety and welfare. Consequently, the Commission approved the Network Aviation Pilots Enterprise Agreement 2016, recognising its compliance with the statutory criteria.

Network Aviation 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