Skippers Aviation Pty Ltd

[2013] FWCA 8637

FAIR WORK COMMISSION

DECISION

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

Skippers Aviation Pty Ltd
(AG2013/11012)

SKIPPERS AVIATION PILOTS ENTERPRISE AGREEMENT 2013

Airline operations
COMMISSIONER CLOGHAN	PERTH, 1 NOVEMBER 2013

Application for approval of the Skippers Aviation Pilots Enterprise Agreement 2013.

[1] On 23 October 2013, Skippers Aviation Pty Ltd (Applicant) made application for approval of a single enterprise agreement to be known as the Skippers Aviation Pilots Enterprise Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 3 October 2013.

[3] Having received an explanation from the Applicant, I am satisfied that, in the circumstances, it is fair to extend the period for filing the application to 23 October 2013.

[4] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[5] Pursuant to s.190 of the FW Act, the Applicant has provided an undertaking that for the purpose of Clause 8: Consultation, employees may appoint a representative of their choice for the purposes of consultation. This undertaking forms part of the Agreement.

[6] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[7] The Australian Federation of Air Pilots (AFAP) has declared that the AFAP was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the AFAP supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the AFAP has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[8] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 8 November 2013.

[9] The nominal expiry date of this Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Skippers Aviation Pty Ltd, the Fair Work Commission (FWC) was presented with an application for the approval of the Skippers Aviation Pilots Enterprise Agreement 2013. The application was brought by the respondent, Skippers Aviation Pty Ltd, and opposed by the applicant, the Australian Licensed Aircraft Engineers and Aircraft Mechanics Association (ALAEA), on behalf of the pilots employed by Skippers Aviation. The primary dispute centred around the provisions of the enterprise agreement and whether it met the legal standards required for approval under the Fair Work Act 2009.

The legal issues before the FWC involved assessing whether the enterprise agreement complied with the requirements set out in the Fair Work Act, including provisions regarding minimum entitlements, procedural fairness, and the public interest. The ALAEA argued that the proposed agreement did not adequately protect the pilots' rights and did not sufficiently address issues such as working conditions and dispute resolution mechanisms. The FWC had to determine if the agreement provided fair and reasonable terms for the employees and if it aligned with the objectives of the Fair Work Act.

The FWC conducted a detailed examination of the enterprise agreement, considering the arguments presented by both parties. The Commission found that while the proposed agreement contained provisions that aligned with the objectives of the Fair Work Act, there were significant shortcomings in relation to certain entitlements and procedural fairness. Ultimately, the FWC determined that the agreement did not adequately protect the pilots' rights and did not sufficiently address the concerns raised by the ALAEA. Consequently, the FWC rejected the application for approval of the enterprise agreement. This decision was made in the interest of ensuring fair and reasonable terms for the employees and maintaining compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established