Tiger Airways Australia Pty Ltd T/A Tigerair

[2016] FWCA 8756

[2016] FWCA 8756

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Tiger Airways Australia Pty Ltd T/A Tigerair
(AG2016/7367)

TIGERAIR PILOTS AUSTRALIA ENTERPRISE AGREEMENT 2014

Airline operations
COMMISSIONER SPENCER	BRISBANE, 13 DECEMBER 2016

Application for variation of Tigerair Pilots Australia Enterprise Agreement 2014.

[1] An Application has been made for a variation of the Tigerair Pilots Australia Enterprise Agreement 2014 (the Agreement). The Application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by the Employer, Tiger Airways Australia Pty Ltd T/A Tigerair.

[2] The variation sought to vary the following clauses; Clause 1.4 – Operative date, Clause 2 – Definitions, Clause 9.3 – Endorsement Training, Clause 10.1(c) – Fixed Term, Clause 11.4 – reference to clause 2.8 of Appendix A, Clause 14.3, Clause 14.4 – Internal Pilots, Clause 17.5.1, Appendix A, Appendix B and Appendix D. Largely, the variation sought to amend the definition of “Act” and introduce the following new definitions; “Group/Group Company,” “Group Pilot,” “Initial Tigerair Pilots List,” “Integration Date,” “Related Bodies Corporate,” “Tiger Deed, Tigerair Pilots List” and “Virgin Australia Group Pilots List” as well as insert new clauses or amend existing clauses of the appendices accompanying the Agreement.

[3] The Australian Federation of Air Pilots and VIPA (The Association for Virgin Australia Group Pilots), being bargaining representatives for the Agreement and entitled to represent the industrial interests of employees covered by the Agreement, support the variation.

[4] I am satisfied that each of the requirements of ss. 210 and 211 of the Act as are relevant to this Application for approval have been met, that is; that a signed copy of the variation was provided by the Applicant; copy of the Agreement as proposed to be varied was provided by the Applicant; the Application was made within 14 days after the variation was made and the majority of employees voted to approve the variation.

[5] The Application is approved and a copy of the variation can be found at Annexure A to this Decision. A consolidated copy of the Agreement, as varied, is attached to this Decision.

[6] Pursuant with s.216 of the Act, the variation will operate from 13 December 2016.

COMMISSIONER

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ANNEXURE A