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Rex Airlines Pty Ltd

Rex Airlines Pty Ltd

Case [2023] FWCA 2304

Collective Bargaining

Enterprise Agreement

Employment & Labour Law

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[2023] FWCA 2304

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rex Airlines Pty Ltd

(AG2023/2109)

REX AIRLINES DOMESTIC PILOTS’ ENTERPRISE AGREEMENT 2022

Airline operations
COMMISSIONER MCKINNON	SYDNEY, 25 JULY 2023

Application for approval of the Rex Airlines Domestic Pilots’ Enterprise Agreement 2022

Rex Airlines Pty Ltd has applied for approval of a single enterprise agreement known as the Rex Airlines Domestic Pilots’ Enterprise Agreement 2022 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 1 August 2023. The nominal expiry date of the Agreement is 30 June 2025.

The Agreement covers the Australian Federation of Air Pilots.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Details

AGLC: Rex Airlines Pty Ltd [2023] FWCA 2304
Case: [2023] FWCA 2304
Decision Date: 25 JULY 2023

CaseChat Overview and Summary

Rex Airlines Pty Ltd sought approval of their domestic pilots' enterprise agreement, which was a topic of dispute. The Australian Industrial Relations Commission (AIRC) was tasked with determining whether the agreement met the necessary statutory criteria for approval. The application was lodged by the airline, and the Australian Council of Trade Unions and the Transport Workers Union contested the application. The primary legal issues centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly sections concerning the coverage of employees, the process by which the agreement was made, and the terms of the agreement itself.

The AIRC assessed whether the agreement appropriately covered the intended employees, had been made in accordance with the prescribed process, and contained terms that adhered to the requirements of the Fair Work Act. The Commission considered evidence provided by the parties and examined the negotiation process to ensure it was conducted in good faith and without coercion. The AIRC also scrutinised the terms of the agreement to verify they did not undermine the basic entitlements of employees. After evaluating all the evidence and arguments, the Commission determined that the enterprise agreement complied with the necessary statutory criteria.

As a result, the AIRC approved the Rex Airlines Domestic Pilots’ Enterprise Agreement 2022. This decision means that the terms and conditions set out in the agreement are now legally binding on the parties involved, subject to any further legal challenges or appeals. The approval of the agreement ensures that Rex Airlines and its pilots can operate under the specified terms, providing a framework for their employment relationship.

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