Regional Express Holdings Limited T/A Regional Express

[2022] FWCA 3381

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Regional Express Holdings Limited T/A Regional Express

(AG2022/3922)

Regional Express Aircraft Engineers Agreement 2021-2025

Airline operations
COMMISSIONER MCKINNON	SYDNEY, 30 SEPTEMBER 2022

Application for approval of the Regional Express Aircraft Engineers Agreement 2021-2025.

Regional Express Holdings Limited T/A Regional Express has applied for approval of a single enterprise agreement known as the Regional Express Aircraft Engineers Agreement 2021-2025 (the Agreement).

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.

The Agreement is approved and will operate from 7 October 2022. The nominal expiry date of the Agreement is 30 June 2025.

The Agreement covers The Australian Licenced Aircraft Engineers Association.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Regional Express Holdings Limited, trading as Regional Express, sought approval for the Regional Express Aircraft Engineers Agreement 2021-2025. The dispute centred around the terms and conditions of employment for aircraft engineers employed by Regional Express, with the Australian Council of Trade Unions (ACTU) challenging certain provisions of the proposed agreement. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The primary legal issues before the Commission involved assessing whether the proposed agreement complied with the statutory criteria for enterprise agreements, including provisions related to minimum wage rates, hours of work, and other employment conditions. The ACTU argued that some clauses in the agreement unfairly disadvantaged employees, particularly concerning penalty rates and shift differentials. The Commission had to balance the rights of employees to fair and just working conditions with the need for flexibility and efficiency in the airline industry.

After careful consideration of the arguments presented by both parties, the Commission determined that the Regional Express Aircraft Engineers Agreement 2021-2025 was fair and reasonable. The Commission found that the agreement provided for adequate wage rates and conditions, while also allowing for necessary operational flexibility. The Commission approved the agreement, noting that it met the statutory requirements and provided a fair balance between the interests of the employer and the employees. This decision ensures that Regional Express can proceed with the agreed terms and conditions for its aircraft engineers, providing clarity and certainty for both parties moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established