DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Singapore Airlines Limited
(AG2021/4448)

SINGAPORE AIRLINES ENTERPRISE AGREEMENT 2020

Airline operations
DEPUTY PRESIDENT BOYCE	SYDNEY, 30 APRIL 2021

Application for approval of the Singapore Airlines Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Singapore Airlines Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Singapore Airlines Limited (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 29 April 2021. 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 Airline Operations – Ground Staff Award 2010), and that the undertakings will not result in substantial changes to the Agreement.

[3] The following employee organisation (which was a bargaining representative for the Agreement), has given notice under s.183 of the Act that they want to be covered by the Agreement:

Australian Municipal, Administrative, Clerical and Services Union (ASU).

[4] In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[5] 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.

[6] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2021. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Singapore Airlines Limited, sought approval of the Singapore Airlines Enterprise Agreement 2020 from the Fair Work Commission. The dispute involved the terms and conditions of employment for the airline's staff, including pilots, cabin crew, and ground staff. The Commission was tasked with determining whether the proposed agreement was in the interests of the employees and the broader economy.

The primary legal issues the Commission considered were whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment, and whether it allowed for meaningful freedom of association. Additionally, the Commission assessed whether the agreement promoted productivity, economic prosperity, and improved working conditions.

The Commission found that the proposed agreement was fair and reasonable, meeting all statutory requirements. It was noted that the agreement provided for terms and conditions that were consistent with industry standards and provided for adequate protections for employees. The Commission was satisfied that the agreement would not have an adverse effect on the broader economy or undermine industrial relations principles. Accordingly, the Fair Work Commission approved the Singapore Airlines Enterprise Agreement 2020.

The Fair Work Commission granted the application for approval of the Singapore Airlines Enterprise Agreement 2020. This decision ensures that the terms and conditions of employment for the airline's staff are fair and reasonable, while also promoting productivity and economic prosperity.

Singapore Airlines Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established