DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regional Express Holdings Ltd T/A Regional Express
(AG2016/4895)

REGIONAL EXPRESS PILOTS’ ENTERPRISE AGREEMENT 2014

Airline operations
COMMISSIONER CRIBB	MELBOURNE, 11 AUGUST 2016

Application for approval of the Regional Express Pilots’ Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Regional Express Pilots’ Enterprise Agreement 2014 (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 Ltd T/A Regional Express. The agreement is a single-enterprise agreement.

[2] 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.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Regional Express Holdings Ltd, trading as Regional Express, sought approval of the Regional Express Pilots’ Enterprise Agreement 2014 in the Fair Work Commission. The agreement was intended to replace an existing agreement and govern the terms and conditions of employment for pilots employed by Regional Express. The application was opposed by the Australian Pilots' Association, which represented some of the pilots affected by the proposed agreement.

The central legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether it was a good faith bargaining outcome and whether it complied with the procedural fairness requirements. The opposition argued that the agreement did not appropriately reflect the views of the pilots and that there had been procedural irregularities in the bargaining process.

The Commission considered the evidence and submissions from both parties, focusing on the process of negotiation and the content of the proposed agreement. The Commission found that, while there were procedural shortcomings in the negotiation process, the overall process was genuine and in good faith. The Commission also found that the proposed agreement contained appropriate protections and benefits for the pilots and was a fair and reasonable outcome. As a result, the Commission approved the application for the agreement, despite the procedural irregularities.

The Fair Work Commission approved the Regional Express Pilots’ Enterprise Agreement 2014, subject to certain conditions aimed at addressing the procedural irregularities identified during the application process. The approved agreement sets out the terms and conditions of employment for pilots working for Regional Express, including matters such as pay rates, working hours, leave entitlements, and dispute resolution procedures.

Regional Express Holdings Ltd 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