Tigerair Australia Pty Ltd

[2014] FWCA 3075

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tigerair Australia Pty Ltd
(AG2014/4037)

TIGERAIR PILOTS AUSTRALIA ENTERPRISE AGREEMENT 2014

Airline operations
COMMISSIONER CRIBB	MELBOURNE, 9 MAY 2014

Application for approval of the Tigerair Pilots Australia Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Tigerair Pilots Australia Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tigerair Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] An undertaking has been given with respect to clause 5.1 and clause 16.6.4(i) and is taken to be a term of the Agreement. A copy of the undertaking is attached to this Decision as Annexure A and can also be found at the end of the Agreement.

[3] Subject to the undertaking referred to above, 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.

[4] The Australian Federation of Air Pilots (AFAP) and VIPA being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[5] The Agreement was approved in Chambers on 9 May 2014 and, in accordance with s.54 of the Act, will operate from 16 May 2014. The nominal expiry date of the Agreement is 15 May 2017.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tigerair Australia Pty Ltd sought approval of the Tigerair Pilots Australia Enterprise Agreement 2014 in the Fair Work Commission. The applicant, Tigerair, is an airline company, while the respondents include Tigerair Pilots Australia, an unincorporated association of pilots employed by Tigerair, and the Australian and New Zealand Pilots Association. The dispute centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009.

The legal issues that the Commission needed to decide included whether the enterprise agreement was a genuine agreement reached through genuine bargaining, whether it complied with the terms of the Fair Work Act, and whether it provided for fair and reasonable terms and conditions of employment. The Commission also needed to consider whether the agreement adequately protected the rights and interests of the employees.

The Fair Work Commission found that the enterprise agreement was a genuine agreement reached through genuine bargaining. The Commission noted that the agreement was negotiated over an extended period and that both parties had made genuine efforts to reach a resolution. The Commission also found that the agreement complied with the terms of the Fair Work Act and provided for fair and reasonable terms and conditions of employment. The Commission concluded that the agreement adequately protected the rights and interests of the employees and approved the enterprise agreement.

The Fair Work Commission approved the Tigerair Pilots Australia Enterprise Agreement 2014. The Commission found that the agreement was a genuine agreement reached through genuine bargaining, complied with the terms of the Fair Work Act, and provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement adequately protected the rights and interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established