Network Aviation Pty Ltd as Trustee for The Network Trust T/A Network Aviation Australia v Australian Federation of Air Pilots, Australian and International Pilots Association & Transport Workers’ Union of Australia

Network Aviation Pty Ltd as Trustee for The Network Trust T/A Network Aviation Australia sought an intractable bargaining declaration against the Australian Federation of Air Pilots, Australian and International Pilots Association, and Transport Workers’ Union of Australia. The parties had engaged in negotiations for a proposed agreement, which began in 2019 and resumed in August 2022 after a pause due to the COVID-19 pandemic. Despite several iterations of the proposed agreement and multiple voting rounds, the unions indicated their dissatisfaction with the terms, with AFAP recommending rejection of the proposed agreement following a member survey. Network asserted that there was no reasonable prospect of reaching an agreement without the Commission’s intervention.

The legal issues before the court included whether Network was a bargaining representative for the proposed agreement and if the application met the statutory requirements under the Fair Work Act 2009 (Cth). The court had to determine if the minimum bargaining period had elapsed and if there was no reasonable prospect of an agreement being reached without the Commission’s declaration. The court also considered whether the conferences held before the Deputy President were sufficient to address the disputes arising from the bargaining process.

In making the decision, the court found that Network was indeed a bargaining representative for the proposed agreement and that the application complied with the statutory requirements. The court was satisfied that the minimum bargaining period had ended and that there was no reasonable prospect of reaching an agreement. The conferences held before the Deputy President were deemed sufficient to address the disputes. Consequently, the court granted the declaration sought by Network.

The court issued an intractable bargaining declaration, effective from 15 March 2024, specifying a post-declaration negotiating period of 13 days. This declaration was made in accordance with section 235(4)(a) of the Fair Work Act 2009 (Cth).