DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tiger Airways Australia Pty Ltd T/A Tigerair Australia
(AG2018/3426)

TIGERAIR AUSTRALIA CABIN CREW ENTERPRISE AGREEMENT 2018

Airline operations
COMMISSIONER MCKINNON	MELBOURNE, 27 NOVEMBER 2018

Application for approval of the Tigerair Australia Cabin Crew Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Tigerair Australia Cabin Crew Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tiger Airways Australia Pty Ltd T/A Tigerair Australia. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Flight Attendants’ Association of Australia 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 4 December 2018. The nominal expiry date of the Agreement is 26 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Tiger Airways Australia Pty Ltd, trading as Tigerair Australia, sought approval for the Tigerair Australia Cabin Crew Enterprise Agreement 2018. The dispute was before the Fair Work Commission. The central issue before the Commission was whether the proposed enterprise agreement met the legal requirements for approval, particularly in terms of its compliance with the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable and provided for appropriate terms and conditions for the cabin crew employees.

The Commission examined the provisions of the proposed agreement, including those related to remuneration, working hours, rest periods, and other employment conditions. It considered whether the agreement was consistent with the relevant minimum standards set out in the National Employment Standards and whether it provided for a fair and reasonable balance of interests between the parties. The Commission also assessed whether the agreement had been genuinely agreed upon by the parties and whether it provided for the proper exercise of the employees' rights.

In its decision, the Commission found that the proposed agreement was fair and reasonable, taking into account the evidence and submissions presented by both the applicant and the relevant unions. The Commission determined that the agreement provided for appropriate terms and conditions for the cabin crew employees and was consistent with the relevant minimum standards. It also found that the agreement had been genuinely agreed upon by the parties and provided for the proper exercise of the employees' rights. Consequently, the Commission approved the Tigerair Australia Cabin Crew Enterprise Agreement 2018.

Tiger Airways Australia Pty Ltd T/A Tigerair Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established