DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Reliability Air (WA) Pty Ltd
(AG2015/7410)

RELIABILITY AIR (WA) PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 DECEMBER 2015

Application for approval of the Reliability Air (WA) Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Reliability Air (WA) Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Reliability Air (WA) Pty Ltd. The agreement is a single enterprise agreement.

[2] 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.

[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 Agreement was approved on 9 December 2015 and, in accordance with s.54, will operate from 16 December 2015. The nominal expiry date of the Agreement is 9 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Reliability Air (WA) Pty Ltd involved the application for approval of the Enterprise Agreement 2015. The applicants, Reliability Air (WA) Pty Ltd and the Australian Licensed Aircraft Mechanics Association, sought the approval of the agreement under the Fair Work Act 2009. The agreement was intended to regulate the employment terms and conditions of certain employees within the company. The application was heard in the Fair Work Commission, where the legal issues primarily concerned the validity and fairness of the proposed agreement.

The central legal issues that the Fair Work Commission had to address were whether the agreement met the requirements of the Fair Work Act and if it was appropriately negotiated. Specifically, the Commission needed to determine whether the agreement was made in good faith, whether it was properly certified by an independent body, and if it provided for terms and conditions that were no less favourable than the relevant award or safety net. Additionally, the Commission had to ensure that the agreement did not unfairly discriminate against any class of employees.

The Commission reviewed the submissions and evidence provided by the parties. It found that the agreement was negotiated in good faith and was appropriately certified. The Commission also determined that the terms of the agreement were no less favourable than the applicable award and did not unfairly discriminate against any group of employees. Consequently, the Commission approved the Enterprise Agreement 2015, finding it compliant with the statutory requirements and fair in its provisions. The decision was made in accordance with the principles of fairness and good faith as mandated by the Fair Work Act.

Reliability Air (WA) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established