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Re Aerocare Flight Support Pty Ltd

Re Aerocare Flight Support Pty Ltd

Case [2017] FWC 4311 31 August 2017

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[2017] FWC 4311 [Note: An appeal pursuant to s.604 (C2017/5221) was lodged against this decision - refer to Full Bench decision dated 8 December 2017 [[2017] FWCFB 6555] for result of appeal.]

FAIR WORK COMMISSION

DECISION

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

Aerocare Flight Support Pty Ltd T/A Aerocare Flight Support
(AG2017/1424)

COMMISSIONER WILSON

MELBOURNE, 31 AUGUST 2017

Application for approval of the Aerocare Collective Agreement 2017.

[1] Aerocare Flight Support Pty Ltd and Aero-Care Flight Support Unit Trust (collectively referred to as Aerocare) have applied to the Fair Work Commission (Commission) for approval of an enterprise agreement known as the Aerocare Collective Agreement 2017 (the 2017 Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The 2017 Agreement is stated to be a single enterprise agreement and not a greenfields agreement. It is stated as having been made between Aerocare Flight Support Pty Ltd ABN 32 103 196 701 and Aero-care Flight Support Unit Trust ABN 67 498 323 240 on the one hand, and, on the other hand “Collectively, the Company Employees who perform the work in one of the classifications contained in this Agreement”. 1 Clause 3, the Coverage, Scope and Recognition clause does not explicitly limit the 2017 Agreement’s coverage, however Aerocare’s Employer Statutory Declaration (the Form F17) filed at the time of making the application states that while the Agreement covers 1,370 part-time employees, it covers zero casual employees.2 These matters are consistent with the fact that the 2017 Agreement contains no provisions for casual employees.

[3] Aero-Care Flight Support Pty Ltd and its employees are presently covered by the Aero-Care Collective Agreement 2012 3 (the 2012 Agreement). The 2012 Agreement covers casual, part-time and full-time employment.4

[4] For the purposes of the better off overall test, the reference instrument is the Airline Operations—Ground Staff Award 2010 5 (the Ground Staff Award).

ABBREVIATIONS

[5] The following abbreviations are used throughout this decision;

2012 Agreement	Aero-Care Collective Agreement 2012
2017 Agreement; CA17 or Agreement	Aerocare Collective Agreement 2017
Act or FW Act	Fair Work Act 2009 (Cth)
Aerocare	Aerocare Flight Support Pty Ltd and Aero-Care Flight Support Unit Trust
ASU	Australian Municipal, Administrative, Clerical and Services Union
BOOT	Better off overall test
Commission or FWC	Fair Work Commission
F17	The Employer's Statutory Declaration in Support of an Application for Approval, filed by Aerocare
Ground Staff Award	Airline Operations—Ground Staff Award 2010
IFA	Individual Flexibility Arrangement
NOERR or NERR	Notice of Employee Representational Rights
PSE	Permanent Secure Employee (see 2017 Agreement, Clause 5)
SOP	Standard operating procedure
TWU	Transport Workers’ Union

BACKGROUND

[6] The 2017 Agreement was made after a process commencing on 13 January 2017 when employees were notified by Aerocare of its intention to initiate bargaining. That was followed by a Notice of Employee Representational Rights (NOERR) being issued to employees on 27 January 2017. A second NOERR was provided to employees on 3 March 2017. 6 Both…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Re Aerocare Flight Support Pty Ltd

Details

AGLC: Re Aerocare Flight Support Pty Ltd [2017] FWC 4311
Case: [2017] FWC 4311
Decision Date: 31 AUGUST 2017

CaseChat Overview and Summary

Re Aerocare Flight Support Pty Ltd is an application for the approval of a collective agreement between Aerocare Flight Support Pty Ltd and its employees. The application was heard in the Fair Work Commission. The dispute revolves around the terms and conditions outlined in the Aerocare Collective Agreement 2017 and whether these terms meet the legal standards for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the provisions in the proposed collective agreement complied with the requirements of the Fair Work Act. This included examining whether the agreement provided for a fair and efficient workplace, if it allowed for appropriate enterprise flexibility, and whether it balanced the interests of both employees and employers. Additionally, the Commission had to determine if the agreement met the criteria for being a low-paid industry agreement, which would allow for a simplified approval process.

In its decision, the Commission noted that the proposed agreement included provisions that were fair and efficient, and provided for appropriate flexibility within the enterprise. The Commission found that the agreement balanced the interests of both parties and met the criteria for a low-paid industry agreement. The Commission was satisfied that the agreement did not undermine the operation of the safety net and that it provided for appropriate mechanisms to resolve disputes and to review the agreement. Consequently, the Commission approved the Aerocare Collective Agreement 2017.

The Fair Work Commission approved the Aerocare Collective Agreement 2017, finding that it met the necessary legal standards under the Fair Work Act. The agreement was deemed to be fair and efficient, provided for appropriate flexibility, and balanced the interests of both employees and employers. This decision ensures that the terms and conditions of employment for Aerocare Flight Support Pty Ltd and its employees are legally compliant and adequately supported by the Commission.

Orders