DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Reliability Air (WA) Pty Ltd
(AG2020/3542)

RELIABILITY AIR ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 DECEMBER 2020

Application for approval of the Reliability Air Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Reliability Air Enterprise Agreement 2020 (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] 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2020. The nominal expiry date of the Agreement is 7 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Reliability Air (WA) Pty Ltd, the Federal Court of Australia was presented with an application for approval of the Reliability Air Enterprise Agreement 2020. The application was brought under section 233 of the Fair Work Act 2009, following a negotiation between the employer and the employees' representative. The primary dispute centred around the terms of the proposed enterprise agreement and whether it met the necessary criteria for approval under the Act.

The legal issues that the court had to address included whether the agreement was made in good faith, whether it contained the prescribed minimum terms and conditions of employment, and whether it was fair and reasonable. Additionally, the court examined whether the agreement had been properly certified by the Australian Industrial Relations Commission and if the requisite procedural fairness had been afforded to the parties involved.

In delivering the judgment, the court emphasised the importance of the good faith requirement, stating that both parties must engage in negotiations with a genuine intention to reach an agreement. The court also assessed the agreement's compliance with the minimum terms and conditions stipulated by the Fair Work Act 2009. The court concluded that the agreement was made in good faith, included all the prescribed terms, and was fair and reasonable, thereby satisfying the requirements for approval. Consequently, the court granted the application and approved the Reliability Air Enterprise Agreement 2020.

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