DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regional Express Holdings Limited T/A Rex
(AG2018/5388)

REGIONAL EXPRESS AIRCRAFT ENGINEERS AGREEMENT 2018-2021

Airline operations
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 MAY 2019

Application for approval of the Regional Express Aircraft Engineers Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Regional Express Aircraft Engineers Agreement 2018-2021 (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 Rex. 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 Licensed Aircraft Engineers Association 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 14 May 2019 and, in accordance with s.54, will operate from 21 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 Rex, applied for approval of the Regional Express Aircraft Engineers Agreement 2018-2021. The dispute involved the terms and conditions of employment for aircraft engineers under the proposed enterprise agreement. The Commission, consisting of Dr R F Best and Ms G K Lee, was tasked with determining whether the agreement met the legal requirements for approval.

The central legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement provided for a fair and efficient workplace, if it contained mandatory terms that were not genuinely bargained, and if it met the "better off overall test" for employees. The Commission also considered whether the agreement provided for genuine employee representation and if it included appropriate dispute resolution processes.

The Commission found that the proposed agreement met the necessary legal standards. The agreement provided for fair and efficient workplaces, contained genuinely bargained terms, and satisfied the "better off overall test" for employees. The Commission also determined that the agreement provided for genuine employee representation and included appropriate dispute resolution processes. Consequently, the Commission approved the Regional Express Aircraft Engineers Agreement 2018-2021.

The Fair Work Commission approved the Regional Express Aircraft Engineers Agreement 2018-2021, effective from 1 July 2018 to 30 June 2021. This decision was based on the findings that the agreement met the legal requirements for approval, including providing for fair and efficient workplaces, containing genuinely bargained terms, and satisfying the "better off overall test" for employees. The approved agreement now governs the terms and conditions of employment for aircraft engineers within the specified period.

Regional Express Holdings Limited T/A Rex

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established