DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tiger Airways Australia Pty Ltd T/A Tigerair Australia
(AG2019/985)

TIGERAIR AUSTRALIA PILOTS’ ENTERPRISE AGREEMENT 2019

Airline operations
COMMISSIONER MCKINNON	MELBOURNE, 28 MAY 2019

Application for approval of the Tigerair Australia Pilots’ Enterprise Agreement 2019.

[1] Application has been made for approval of a single enterprise agreement known as the Tigerair Australia Pilots’ Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Tiger Airways Australia Pty Ltd T/A Tigerair Australia. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Federation of Air Pilots and VIPA (trading as the Association for Virgin Australia Group Pilots) were bargaining representatives for the Agreement and have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2019. The nominal expiry date of the Agreement is 3 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Tiger Airways Australia Pty Ltd trading as Tigerair Australia, which sought approval for the Tigerair Australia Pilots’ Enterprise Agreement 2019. The application was made under section 232 of the Fair Work Act 2009, with the dispute centring around the terms and conditions of employment for pilots employed by Tigerair Australia. The Commission was tasked with determining whether the agreement met the criteria for approval under the Act, including compliance with the "better off overall test" and other statutory requirements.

The legal issues before the Commission included whether the agreement provided for the pilots to be "better off overall" than they would be under the applicable award, and whether the agreement complied with the procedural requirements of the Fair Work Act. Specifically, the Commission needed to consider whether the agreement had been genuinely negotiated, whether it contained the mandatory terms as required by the Act, and whether it complied with the "no disadvantage test". Additionally, the Commission had to determine if the agreement was in the public interest.

In reaching its decision, the Commission examined the submissions from both Tigerair Australia and the pilots’ representative, the Australian and International Pilots Association. It assessed the financial implications of the agreement, the negotiation process, and the compliance of the agreement with the statutory requirements. The Commission concluded that the agreement met the "better off overall test" and was in compliance with the procedural requirements of the Fair Work Act. The agreement was found to genuinely reflect the outcome of negotiations and did not disadvantage the pilots. Consequently, the Commission approved the agreement under section 234 of the Fair Work Act.

The Fair Work Commission approved the Tigerair Australia Pilots’ Enterprise Agreement 2019. This decision was made on the basis that the agreement met the statutory requirements, including the "better off overall test" and the procedural requirements of the Fair Work Act. The Commission found that the agreement was genuinely negotiated and did not disadvantage the pilots. The approval was effective from the date of the decision, ensuring that the terms and conditions of employment for the pilots under the agreement were legally recognised and enforceable.

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