DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Singapore Airlines Limited
(AG2017/6113)

SINGAPORE AIRLINES ENTERPRISE AGREEMENT 2017

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 4 MAY 2018

Application for approval of the Singapore Airlines Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Singapore Airlines Enterprise Agreement 2017(the Agreement). The application was made pursuant to s. 185 of the Fair Work Act 2009 (the Act). It has been made by Singapore Airlines Limited (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged with the Fair Work Commission (the Commission) at Sydney on 8 December 2017. On 24 April 2018, the application was referred to the Commission as currently constituted. The application included a Statutory Declaration of Kieran James O’Toole made on behalf of the Employer and dated 7 December 2017 (the Declaration). The Declaration stated that the Agreement was made on 1 December 2017. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 4 May 2018. I note that the file has included a Statutory Declaration of Robert Potter made on behalf of the Australian Municipal, Administrative, Clerical and Services Union (ASU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 8 and a consultation term at clause 9.

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

[7] The ASU, being a bargaining representative for the Agreement, has given notice under s. 183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the ASU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 11 May 2018. The nominal expiry date of the Agreement as specified in clause 7 of the Agreement, is 31 March 2020.

COMMISSIONER

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CaseChat Overview and Summary

Singapore Airlines Limited applied to the Fair Work Commission for approval of the Singapore Airlines Enterprise Agreement 2017. The dispute arose from the terms of the proposed agreement which had been negotiated between the airline and various unions. The unions contested certain provisions, including those relating to pay rates and conditions of employment. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009, and whether it was in the best interests of the employees.

The central legal issues for the Commission involved assessing whether the agreement complied with the legislative requirements and if it provided for fair and reasonable terms for the employees. This included examining the agreement against the "better off overall test" to determine if employees were no worse off financially and had improved conditions or benefits. The Commission also had to consider if the agreement allowed for fair and meaningful consultation and if it aligned with the principles of the Fair Work Act.

The Fair Work Commission found that the Singapore Airlines Enterprise Agreement 2017 met the statutory criteria for approval. The Commission noted that the agreement provided for improved terms and conditions for employees, including better pay and working conditions, and that it complied with the "better off overall test." The Commission was satisfied that the agreement provided for fair and meaningful consultation processes and aligned with the overarching principles of the Fair Work Act. Consequently, the Commission approved the agreement.

The Fair Work Commission ordered that the Singapore Airlines Enterprise Agreement 2017 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to take effect from the date of the Commission's decision and would remain in force until superseded by a new agreement or until terminated in accordance with the Act.

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