DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

United Airlines, Inc.
(AG2017/6494)

UNITED AIRLINES, INC. AUSTRALIAN EMPLOYMENT ENTERPRISEAGREEMENT 2017-2019

Airline operations
COMMISSIONER MCKINNON	MELBOURNE, 3 MAY 2018

Application for approval of the United Airlines, Inc. Australian Employment Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the United Airlines, Inc. Australian Employment Enterprise Agreement 2017-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by United Airlines, Inc.. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2018. The nominal expiry date of the Agreement is 12 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

United Airlines, Inc. applied to the Fair Work Commission for approval of its proposed Australian Employment Enterprise Agreement for the period 2017-2019. The application was made in accordance with the Fair Work Act 2009 and the relevant regulations. The proposed agreement was intended to govern the terms and conditions of employment for certain employees of the company in Australia.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act, particularly the provision that an enterprise agreement must be in the best interests of the employees it covers. The Commission needed to consider whether the agreement was fair and reasonable, and whether it complied with the relevant provisions of the Act. The Commission also needed to consider the views of the employees and whether the agreement was supported by a majority of them.

The Commission considered the evidence and submissions from the parties and concluded that the proposed agreement was fair and reasonable and met the requirements of the Act. The Commission found that the agreement provided for reasonable terms and conditions of employment, including provisions for wages, hours of work, leave, and other benefits. The Commission also found that the agreement was supported by a majority of the employees and that it was in their best interests. The Commission approved the proposed agreement, subject to certain minor amendments.

The Fair Work Commission approved the application for the proposed agreement, subject to the minor amendments that were made. The approved agreement will now govern the terms and conditions of employment for the employees covered by it, until such time as it is replaced by a new agreement or terminated in accordance with the Act.

United Airlines, Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established