DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thai Airways International Public Company Limited
(AG2017/3534)

THAI AIRWAYS INTERNATIONAL PUBLIC COMPANY LIMITED EMPLOYEE ENTERPRISE AGREEMENT 2016 – 2018

Airline operations
DEPUTY PRESIDENT KOVACIC	CANBERRA, 10 OCTOBER 2017

Application for approval of the Thai Airways International Public Company Limited Employee Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Thai Airways International Public Company Limited Employee Enterprise Agreement 2016 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Thai Airways International Public Company Limited. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Thai Airways International Public Company Limited. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2017. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Thai Airways International Public Company Limited applied to the Fair Work Commission (FWC) for approval of the Thai Airways International Public Company Limited Employee Enterprise Agreement 2016 - 2018. The applicant sought to extend the operation of the agreement beyond the current expiry date of 31 March 2019. The application was made under section 236 of the Fair Work Act 2009 (Cth). The application was contested by the Australian and International Pilots Association (AIPA), which argued that the agreement did not meet the good faith bargaining requirement of section 186 of the Act.

The FWC considered whether the parties had genuinely attempted to reach an agreement. The applicant argued that it had made several offers and counteroffers and that the bargaining process was genuine. The AIPA argued that the applicant's conduct during the bargaining process did not meet the requirement of good faith bargaining. The FWC found that the applicant had made a genuine attempt to reach an agreement and that the bargaining process was conducted in good faith. The FWC also found that the agreement met the requirements of the Act.

The FWC approved the extension of the Thai Airways International Public Company Limited Employee Enterprise Agreement 2016 - 2018 for a period of 12 months from 1 April 2019 to 31 March 2020. The FWC also made orders in relation to the agreement, including provisions for the resolution of any future disputes and the protection of employees' rights.

Thai Airways International Public Company Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established