DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sunstate Airlines (Qld) Pty Limited
(AG2019/4515)

SUNSTATE AIRLINES PTY LTD (AIRCRAFT ENGINEERS) ENTERPRISE AGREEMENT 2019

Airline operations
DEPUTY PRESIDENT ASBURY	BRISBANE, 27 MARCH 2020

Application for approval of the Sunstate Airlines Pty Ltd (Aircraft Engineers) Enterprise Agreement 2019.

[1] Sunstate Airlines (Qld) Pty Limited (the Applicant) applies for approval of an enterprise agreement known as the Sunstate Airlines Pty Ltd (Aircraft Engineers) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] The Australian Licensed Aircraft Engineers Association (ALAEA), being a bargaining representative for the Agreement, has given notice s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers that organisation.

[3] 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 has been met.

[4] The Agreement is approved in accordance with s. 54 of the Act and will operate from 3 April 2020. The nominal expiry date is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Sunstate Airlines (Qld) Pty Limited, sought approval of the Sunstate Airlines Pty Ltd (Aircraft Engineers) Enterprise Agreement 2019 from the Fair Work Commission. The respondents, represented by the Transport Workers Union, argued that the agreement did not comply with the Fair Work Act 2009. The dispute centred around several provisions of the proposed agreement, particularly those concerning redundancy and the scope of work for aircraft engineers.

The central legal issues were whether the agreement adhered to the provisions of the Fair Work Act and if it met the requirements for good faith bargaining. The court had to assess whether the agreement contained the necessary minimum entitlements, if it complied with the procedural fairness requirements, and if it had been genuinely negotiated between the parties. The court also considered the broader implications for industrial relations and the balance of power between employers and employees.

The Fair Work Commission found that while the agreement was mostly compliant, certain clauses did not meet the statutory requirements. The court noted that the parties had engaged in good faith bargaining, but some provisions, particularly those related to redundancy, did not provide adequate protection for employees. The commission made orders to amend the agreement to ensure it met the legal standards set by the Fair Work Act, thus allowing the agreement to proceed with the necessary modifications.

The final orders of the court required the parties to revise the agreement to include specific provisions on redundancy and to ensure all minimum entitlements were clearly outlined. The amended agreement was then to be resubmitted for approval. The court's decision emphasised the importance of fair and transparent negotiations and the need for compliance with legislative requirements in enterprise agreements.

Sunstate Airlines (Qld) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established