Regional Express Holdings Ltd

[2022] FWCA 4331

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Regional Express Holdings Ltd

(AG2022/4755)

Regional Express Pilots’ Agreement 2022

Airline operations
DEPUTY PRESIDENT BELL	MELBOURNE, 9 DECEMBER 2022

Application for approval of the Regional Express Pilots’ Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Regional Express Pilots’ Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Employer, Regional Express Holdings Ltd. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Australian Federation of Air Pilots (AFAP), 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.

The Agreement was approved on 9 December 2022 and, in accordance with s.54 of the Act, will operate from 16 December 2022. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Regional Express Holdings Ltd was the subject of an application for the approval of a new enterprise agreement. The application was brought by the company to the Fair Work Commission. The new agreement in question, the Regional Express Pilots’ Agreement 2022, sought to govern the terms and conditions of employment for pilots working for the company. The key legal issues that arose involved whether the agreement met the requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and whether it had been properly negotiated.

The court examined the process through which the agreement was formed, including the extent of the company's engagement with the pilots and their representatives. It was necessary to determine if the agreement was made without any improper coercion or undue influence. Additionally, the court considered whether the agreement contained all the minimum terms and conditions specified by the Fair Work Act, and whether any exclusions or variations were justified. The court also evaluated if the terms of the agreement were fair and reasonable, taking into account the interests of both the pilots and the company.

The Fair Work Commission found that the Regional Express Pilots’ Agreement 2022 met the criteria for approval. The court was satisfied that the agreement was made in good faith and that all necessary minimum terms and conditions were included. The process of negotiation was deemed to be fair, and the terms of the agreement were found to be reasonable. The Commission approved the agreement, paving the way for its implementation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established