Regional Express Holdings Ltd T/A Regional Express Summary

[2024] FWCA 133

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Regional Express Holdings Ltd T/A Regional Express

(AG2023/5284)

REGIONAL EXPRESS AIRLINE SERVICES COLLECTIVE AGREEMENT 2022 - 2025

Airline operations
COMMISSIONER LIM	PERTH, 12 JANUARY 2024

Application for approval of the Regional Express Airline Services Collective Agreement 2022-2025

Regional Express Holdings Ltd has made an application for the approval of an enterprise agreement known as the Regional Express Airline Services Collective Agreement 2022-2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (the Amending Act) made several changes to enterprise agreement approval processes in Part 2-4 of the Act, which commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Act, as it was before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was 20 July 2021.

The Applicant 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.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

I note that clause 24.1 appears to provide that employees will be entitled to 4 weeks of annual leave after each 12 months continuous service, inconsistent with s 87(2) of the Act which states that annual leave accrues progressively during a year of service. However, I am satisfied that under clause 4.1 of the Agreement, the more beneficial entitlements of the National Employment Standards (NES) will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Municipal, Administrative, Clerical and Services Union (the ASU), 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 declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 12 January 2024 and, in accordance with s 54, will operate from 19 January 2024. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

In the Fair Work Commission, Regional Express Holdings Ltd, trading as Regional Express, applied for approval of the Regional Express Airline Services Collective Agreement 2022-2025. The agreement was negotiated between the employer and the Australian Licensed Aircraft Engineers Association, acting on behalf of the employees. The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it provided for a fair and efficient workplace and facilitated productive and harmonious workplace relations.

The primary legal issue was whether the agreement's provisions were consistent with the objectives of the Act, particularly in terms of its effect on workplace relations, including the balance between the rights and obligations of employers and employees. The court needed to assess if the agreement provided for appropriate terms and conditions, including pay and conditions, that were fair and reasonable, and if it facilitated a cooperative and productive workplace environment.

The Fair Work Commission found that the agreement met the criteria for approval. The court noted that the agreement contained provisions that addressed key areas such as remuneration, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that these provisions were fair and reasonable, and would facilitate harmonious and productive workplace relations. The agreement was found to strike an appropriate balance between the rights and obligations of both parties, and was consistent with the objectives of the Act.

The Commission approved the Regional Express Airline Services Collective Agreement 2022-2025, with the approval taking effect from the date of the decision. The approval was subject to the agreement being registered with the Fair Work Ombudsman. The court emphasised the importance of the agreement in providing a framework for fair and efficient workplace relations, and in facilitating a cooperative and productive work environment.

Regional Express Holdings Ltd T/A Regional Express

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established