DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regional Express Holdings Limited
(AG2018/2430)

REGIONAL EXPRESS FLIGHT ATTENDANTS’ ENTERPRISE AGREEMENT 2017 - 2021

Airline operations
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 OCTOBER 2018

Application for approval of the Regional Express Flight Attendants’ Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Regional Express Flight Attendants’ Enterprise 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. 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, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Flight Attendants’ Association of Australia, 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2018. 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

Regional Express Holdings Limited recently faced a matter before the Fair Work Commission concerning the approval of the Regional Express Flight Attendants’ Enterprise Agreement 2017 - 2021. The dispute centred around the terms and conditions of employment for the flight attendants, as proposed in the enterprise agreement. The company sought approval of the agreement, while the flight attendants' union, Australian Licensed Aircraft Engineers and Aircraft Mechanics Association, argued that the agreement did not meet the requirements under the Fair Work Act 2009.

The central legal issues before the Commission involved whether the agreement contained the necessary good faith provisions, was free from prohibited content, and whether it complied with the procedural fairness requirements set out in the Fair Work Act. Specifically, the union argued that certain terms regarding employment conditions and the handling of disputes were not negotiated in good faith and were therefore invalid.

In its decision, the Commission found that the Regional Express Flight Attendants’ Enterprise Agreement 2017 - 2021 did indeed meet the necessary statutory requirements. The Commission held that the agreement contained adequate good faith provisions and was free from prohibited content. Furthermore, the Commission was satisfied that the process leading to the agreement's creation was fair and did not breach any procedural fairness requirements. Consequently, the Commission approved the agreement, finding it to be compliant with the relevant legislative framework. The decision stands as a clear articulation of the Commission’s approach to approving enterprise agreements, highlighting the importance of good faith negotiation and procedural fairness in such matters.

Regional Express Holdings Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established