DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regional Express Holdings Limited T/A Regional Express
(AG2018/4939)

REGIONAL EXPRESS AIRLINE SERVICES COLLECTIVE AGREEMENT 2017-2021

Airline operations
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 APRIL 2019

Application for approval of the Regional Express Airline Services Collective Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Regional Express Airline Services Collective Agreement 2017 - 2021 (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 T/A Regional Express. 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 Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 26 April 2019 and, in accordance with s.54, will operate from 3 May 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Regional Express Holdings Limited, trading as Regional Express, sought approval for the Regional Express Airline Services Collective Agreement 2017-2021. The applicants, who are represented by the Australian Licensed Aircraft Engineers Association, opposed the application on various grounds, including that the agreement did not meet the requirements of the Fair Work Act 2009. The matter was heard by Deputy President Rimmer.

The primary legal issue before the court was whether the Regional Express Airline Services Collective Agreement 2017-2021 complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The applicants argued that the agreement did not meet the requirements of the legislation, including the need for a majority of employees to be members of the registered organisation, and the need for the agreement to be in writing and signed by authorised officials. The applicants also argued that the agreement did not provide adequate protections for employees, including in relation to wages, conditions, and dispute resolution.

In its decision, the Fair Work Commission found that the Regional Express Airline Services Collective Agreement 2017-2021 did comply with the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The Commission found that the agreement was in writing, signed by authorised officials, and that a majority of employees were members of the registered organisation. The Commission also found that the agreement provided adequate protections for employees, including in relation to wages, conditions, and dispute resolution. The Commission approved the agreement, subject to certain modifications to address the applicants' concerns.

The Fair Work Commission approved the Regional Express Airline Services Collective Agreement 2017-2021, subject to modifications. The modifications related to the calculation of overtime, the definition of "rostered day off", and the process for resolving disputes. The Commission also directed that the agreement be reviewed and updated every two years to ensure that it continued to meet the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

Regional Express Holdings Limited T/A Regional Express

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established