DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Oceania Aviation Services Pty Ltd T/A Oceania Aviation Services
(AG2019/595)

OCEANIA AVIATION SERVICES STAFF AGREEMENT 2019

Airline operations
COMMISSIONER BOOTH	BRISBANE, 12 JULY 2019

Application for approval of the Oceania Aviation Services Staff Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Oceania Aviation Services Pty Ltd T/A Oceania Aviation Services (the Applicant) for approval of the Oceania Aviation Services Staff Agreement 2019 (the Agreement). The agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant on 18 June 2019, seeking submissions or undertakings in relation to a number of concerns in relation to the Agreement.

[3] Signed undertakings were provided by the Employer on 28 June 2019, addressing the concerns raised. An amended and signed copy of the undertakings was then provided on 8 July 2019, correcting a typographical error.

[4] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] Subject to the undertakings provided, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[6] The Australian, Municipal, Administrative and Clerical Services Union, Queensland Together Branch (the ASU) filed a Form F18 in this matter, advising that it did not support approval of the Agreement by the Commission, however providing notice under s.183 of the Act that it wants the Agreement to cover it. Further to the undertakings provided by the Applicant, the Union confirms that its concerns have been addressed, and the Union no longer objects to the approval of the Agreement.

[7] In accordance with s.201(1), I note that the Agreement covers the ASU.

[8] The Agreement is approved and, in accordance with s.54 of the Act will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 11 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

In the recent decision of Oceania Aviation Services Pty Ltd T/A Oceania Aviation Services, the Fair Work Commission was tasked with considering an application for the approval of the Oceania Aviation Services Staff Agreement 2019. The applicant, Oceania Aviation Services, sought approval of this agreement, which is intended to govern the terms and conditions of employment for its staff. The nature of the dispute centred around the provisions of the proposed agreement and whether they complied with the requirements set forth under the Fair Work Act 2009.

The legal issues that the Commission had to address involved a thorough examination of the proposed agreement against the provisions of the Fair Work Act. Specifically, the Commission needed to determine if the agreement met the necessary criteria for approval, including whether it provided for minimum terms and conditions of employment that were no less favourable than the applicable award or registered agreement, and whether it complied with the procedural requirements for making an enterprise agreement. Furthermore, the Commission had to assess if the agreement included appropriate mechanisms for resolving disputes and ensuring compliance.

The Fair Work Commission, in its detailed analysis, found that the proposed agreement contained provisions that aligned with the statutory requirements under the Fair Work Act. The agreement was found to offer terms and conditions of employment that were at least as favourable as those set out in the relevant award, and it included the necessary dispute resolution mechanisms. Additionally, the procedural aspects of the agreement, including the consultation process and the execution of the agreement, were deemed compliant with the legislative framework. Consequently, the Commission approved the Oceania Aviation Services Staff Agreement 2019, recognising its adherence to the statutory standards and its suitability for implementation.

As a result of the Commission's approval, the agreement is now authorised to serve as the governing document for the terms and conditions of employment for the staff of Oceania Aviation Services. This decision underscores the importance of ensuring that enterprise agreements are meticulously crafted to comply with legislative requirements, thereby providing a fair and lawful framework for employment within the organisation.

Oceania Aviation Services Pty Ltd T/A Oceania Aviation Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established