DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regional Express Holdings Limited
(AG2015/5453)

REGIONAL EXPRESS AIRLINE SERVICES COLLECTIVE AGREEMENT 2015

Airline operations
DEPUTY PRESIDENT BOOTH	SYDNEY, 1 OCTOBER 2015

Application for approval of the Regional Express Airline Services Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Application for approval of the Regional Express Airline Services Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Regional Express Holdings Limited. The agreement is a single-enterprise agreement.

[2] The Agreement does contain a consultation term, however, it is not a consultation term which complies with s.205(1) of the Act. I note that the model consultation term is taken, pursuant to s.205(2) of the Act, to be a term of the Agreement.

[3] The Australian Municipal, Administrative, Clerical and Services Union, 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) of the Act, I note that the Agreement covers the organisations.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 October 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Regional Express Holdings Limited, applied to the Fair Work Commission for approval of the Regional Express Airline Services Collective Agreement 2015. The applicant sought the approval of this agreement to ensure compliance with the Fair Work Act 2009. The dispute involved the terms and conditions of employment for Regional Express Airline Services' employees, as outlined in the agreement.

The primary legal issue before the court was whether the terms of the agreement complied with the provisions of the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the requirements for registration under the Act, including ensuring it did not undermine the right of employees to be protected from unfair dismissal or to bargain collectively. The court also needed to assess whether the agreement contained appropriate provisions for the protection of employee rights and interests.

The court examined the agreement clause by clause, considering whether each term was consistent with the objectives and principles of the Fair Work Act 2009. The applicant argued that the agreement was fair and balanced, providing for reasonable terms and conditions of employment while protecting the rights of both employees and the employer. After thorough analysis, the court concluded that the agreement met the necessary statutory requirements and did not contain any provisions that would undermine the fundamental rights of employees. Therefore, the court approved the agreement for registration.

The court's final order was that the Regional Express Airline Services Collective Agreement 2015 be approved for registration under the Fair Work Act 2009. The agreement was deemed to comply with the Act, and the court recognised it as a valid instrument for governing the employment relationship between the employer and employees.

Regional Express Holdings Limited

DECISION

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Legal Principle Established