DECISION

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

Sunstate Airlines (QLD) Pty Limited
(AG2015/7182)

SUNSTATE AIRLINES PTY LTD (AIRCRAFT ENGINEERS) ENTERPRISE AGREEMENT 2015

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 22 JANUARY 2016

Application for approval of the Sunstate Airlines Pty Ltd (Aircraft Engineers) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Sunstate Airlines Pty Ltd (Aircraft Engineers) Enterprise Agreement 2015(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sunstate Airlines (QLD) Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 23 December 2015. The application included a Statutory Declaration of Simon Brown made on behalf of the Employer and dated 22 December 2015 (the Declaration). The Declaration stated that the Agreement was made on 15 December 2015. 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 Fair Work Commission (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 22 January 2016. I note that the file has included a Statutory Declaration of Noel Speers made on behalf of The Australian Licenced Aircraft Engineers Association (the ALAEA), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 13 and consultation terms at clauses 11 and 12.

[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 ALAEA, 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 ALAEA.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 29 January 2016. The nominal expiry date of the Agreement as specified in clause 5.1 of the Agreement, is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

Sunstate Airlines (QLD) Pty Limited was involved in a dispute regarding the approval of an enterprise agreement under the Fair Work Act 2009. The application for approval was brought before the Fair Work Commission. The crux of the matter was whether the proposed enterprise agreement met the statutory requirements for being certified as a lawful agreement. The agreement in question was the Sunstate Airlines Pty Ltd (Aircraft Engineers) Enterprise Agreement 2015.

The legal issues before the court involved assessing whether the agreement contained all the necessary provisions mandated by the Fair Work Act and if it adhered to the prescribed processes for making such agreements. The court had to determine if the agreement was made in good faith, if it included the required minimum terms and conditions, and if it was free from any elements that would render it unlawful. Additionally, the court considered if the agreement provided for fair and adequate consultation processes as required by the legislation.

The Fair Work Commission found that the proposed enterprise agreement met all the statutory requirements. The court concluded that the agreement was made in good faith and contained all the mandatory terms and conditions. It was also free from any unlawful content and had undergone appropriate consultation processes. Consequently, the court approved the agreement. The decision was based on a detailed examination of the agreement's provisions and its compliance with the legislative framework.

The final orders of the court were that the Sunstate Airlines Pty Ltd (Aircraft Engineers) Enterprise Agreement 2015 be approved as a lawful agreement under the Fair Work Act. The approval meant that the agreement would have the force of a registered agreement, binding both the employer and the employees covered by the agreement.

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