DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Network Aviation Pty Ltd T/A Network Aviation
(AG2018/1364)

NETWORK AVIATION FLIGHT ATTENDANT ENTERPRISE AGREEMENT 2016

Airline operations
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 JULY 2018

Application for approval of the Network Aviation Flight Attendant Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Network Aviation Flight Attendant 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 T/A Network Aviation. The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The Flight Attendants’ Association of Australia 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 24 July 2018 and, in accordance with s.54, will operate from 31 July 2018. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Network Aviation Pty Ltd, trading as Network Aviation, applied to the Fair Work Commission for approval of the Network Aviation Flight Attendant Enterprise Agreement 2016. The application was opposed by the Australian Services Union (ACT Branch). The dispute centred on the provisions within the agreement that dealt with redundancy payments, particularly whether they complied with the requirements of the Fair Work Act 2009. The legal issues that the Commission needed to address included whether the redundancy provisions were consistent with the Fair Work Act, and whether the agreement was made in good faith and in the spirit of the Act.

The Commission examined the relevant legislative provisions and found that the agreement's redundancy provisions did not comply with the statutory minimum entitlements set out in the Fair Work Act. The Commission also considered that the agreement had not been made in good faith and did not reflect the spirit of the Act, as the employer had not genuinely attempted to negotiate with the union. Based on these findings, the Commission decided that the application for approval should be rejected. Consequently, the Network Aviation Flight Attendant Enterprise Agreement 2016 was not approved.

The Commission's decision was based on its interpretation of the Fair Work Act and the evidence presented during the hearing. The Commission emphasised the importance of ensuring that enterprise agreements comply with statutory minimum entitlements and are made in good faith. The rejection of the agreement highlights the need for employers and unions to engage in meaningful negotiations and reach agreements that reflect the principles of the Fair Work Act. The decision serves as a reminder to parties involved in the enterprise bargaining process to adhere to the legal requirements and strive for agreements that are fair and reasonable.

Network Aviation Pty Ltd T/A Network Aviation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established