Rex Airlines Pty Ltd

[2022] FWCA 3246

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Rex Airlines Pty Ltd

(AG2022/3722)

Rex Airlines Domestic Flight Attendants’ Agreement2022-2025

Airline operations
DEPUTY PRESIDENT BOYCE	SYDNEY, 16 SEPTEMBER 2022

Application for approval of the REX Airlines Domestic Flight Attendants’ Agreement 2022 - 2025

An application has been made for approval of an enterprise agreement to be known as the REX Airlines Domestic Flight Attendants’ Agreement 2022 - 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Rex Airlines Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 16 September 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Aircraft Cabin Crew Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

The Flight Attendants’ Association of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, 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 am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rex Airlines Pty Ltd applied for the approval of the REX Airlines Domestic Flight Attendants’ Agreement 2022 - 2025, which was lodged with the Fair Work Commission (FWC). The application was brought under the Fair Work Act 2009, which allows the FWC to approve enterprise agreements that meet certain criteria, including that they are free from prohibited content and have been fairly negotiated. The Australian Council of Trade Unions (ACTU) and Australian Services Union (ASU) opposed the application, arguing that the agreement contained provisions that were contrary to public policy and did not fairly represent the interests of the flight attendants.

The central legal issue before the FWC was whether the agreement contained any provisions that were contrary to public policy or failed to meet the requirements of a certified agreement under the Fair Work Act. Specifically, the FWC had to determine whether the provisions regarding shift patterns and rest breaks were reasonable and did not contravene the maximum weekly hours of work set out in the National Employment Standards. Additionally, the FWC needed to assess whether the agreement had been fairly negotiated and if it provided appropriate protections for the flight attendants.

The FWC found that the provisions in the agreement regarding shift patterns and rest breaks were reasonable and did not contravene the maximum weekly hours of work. The FWC held that the agreement had been fairly negotiated and contained appropriate protections for the flight attendants. The FWC also noted that the agreement provided for a mechanism to review the shift patterns and rest breaks provisions, which was a positive aspect of the agreement. Consequently, the FWC approved the REX Airlines Domestic Flight Attendants’ Agreement 2022 - 2025.

The FWC approved the REX Airlines Domestic Flight Attendants’ Agreement 2022 - 2025, subject to the conditions set out in the approval order. The order included provisions for the agreement to be reviewed and the mechanism for reviewing the shift patterns and rest breaks provisions. The FWC also required that any changes to the agreement must be approved by the FWC before they can take effect.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established