DECISION

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

Sunstate Airlines (Qld) Pty Limited
(AG2015/132)

SUNSTATE AIRLINES (QLD) PTY LTD AND AUSTRALIAN SERVICES UNION ENTERPRISE AGREEMENT 2015

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 19 FEBRUARY 2015

Application for approval of the Sunstate Airlines (Qld) Pty Ltd and Australian Services Union Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Sunstate Airlines (Qld) Pty Ltd and Australian Services Union 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 28 January 2015. The application included a Statutory Declaration of Simon Brown made on behalf of the Employer and dated 23 January 2015, (the Declaration). The Declaration stated that the Agreement was made on 16 January 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 19 February 2015. I note that the file has included a Statutory Declaration of Irene Munro made on behalf of the Australian Municipal, Administrative, Clerical and Services Union (the ASU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 12 and a consultation term at clause 7.

[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 26 February 2015. The nominal expiry date of the Agreement as specified in clause 3 of the Agreement, is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

Sunstate Airlines (Qld) Pty Limited is a party in a dispute regarding the approval of an enterprise agreement. The Australian Services Union is also a party, representing the employees of Sunstate Airlines. The matter has been brought before the Fair Work Commission (FWC) for a decision on whether to approve the proposed agreement. The nature of the dispute centres around the terms and conditions of employment within the airline, as set out in the enterprise agreement.

The legal issues before the FFW were whether the proposed agreement met the requirements of the Fair Work Act 2009 and if it provided for the minimum terms and conditions as stipulated by the Act. The FWC had to determine if the agreement was fairly negotiated and if it included provisions that were in the best interests of the employees, without unfairly disadvantaging the employer. Additionally, the FWC considered if the agreement complied with the Fair Work (Registered Organisations) Act 2009 and if it included any terms that were contrary to public policy.

The FWC found that the proposed agreement was fairly negotiated and met the legislative requirements. The Commission noted that the agreement provided for minimum terms and conditions and contained provisions that were in the best interests of the employees, without unfairly disadvantaging the employer. The FWC considered the evidence presented by both parties and determined that the agreement complied with the relevant Acts. The Commission also found that none of the terms in the agreement were contrary to public policy.

As a result, the FWC approved the Sunstate Airlines (Qld) Pty Ltd and Australian Services Union Enterprise Agreement 2015. The approval was made on the condition that the agreement be registered with the Fair Work Commission. This decision ensures that the terms and conditions of employment for the employees of Sunstate Airlines are governed by the approved enterprise 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