United Airlines, Inc.

[2013] FWCA 8668

FAIR WORK COMMISSION

DECISION

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

United Airlines, Inc.
(AG2013/10995)

UNITED AIRLINES MAINTENANCE STAFF ENTERPRISE COLLECTIVE AGREEMENT VI [2013-2016]

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 4 NOVEMBER 2013

Application for approval of the United Airlines Maintenance Staff Enterprise Collective Agreement VI [2013-2016].

[1] An application has been made for approval of an enterprise agreement known as the United Airlines Maintenance Staff Enterprise Collective Agreement VI [2013-2016] (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 Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 22 October 2013. The application included a Statutory Declaration of Alena-Rae Stewart made on behalf of the Employer and dated 18 October 2013, (the Declaration). The Declaration stated that the Agreement was made on 9 October 2013. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 4 November 2013. I note that the file has included a Statutory Declaration of Noel Evan Speers made on behalf of the Australian Licenced Aircraft Engineers Association (the ALAEA), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 26 and a consultation term at clause 24.

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

[7] The ALAEA, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the ALAEA.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 11 November 2013. The nominal expiry date of the Agreement as specified in clause 3 of the Agreement, is 1 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

United Airlines, Inc. applied for the approval of the United Airlines Maintenance Staff Enterprise Collective Agreement VI [2013-2016] in the Fair Work Commission. The agreement was proposed by the airline to regulate the terms and conditions of employment for its maintenance staff. The application came before the Commission with the aim of ensuring that the agreement was in compliance with the Fair Work Act 2009 and was in the best interests of both the employees and the employer.

The legal issues before the Commission included whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in terms of the employees' rights to fair and just terms of employment. The Commission had to assess whether the agreement provided adequate protections for employees' rights and whether it was consistent with the broader objectives of the Act, which include promoting high levels of employment and workplace participation, and facilitating cooperative workplace relations.

The Fair Work Commission found that the proposed agreement was fair and just in all its terms. The Commission considered that the agreement provided for fair remuneration and conditions for the maintenance staff, ensuring that their rights were protected while also allowing the airline to operate effectively. The Commission concluded that the agreement was consistent with the objectives of the Fair Work Act 2009 and approved the application. The Commission's decision was based on the evidence presented by both parties and the broader principles of the Act.

The Commission approved the United Airlines Maintenance Staff Enterprise Collective Agreement VI [2013-2016], effective from the date of the decision. This outcome ensures that the maintenance staff of United Airlines will be governed by the terms of the approved agreement, which balances the interests of both the employees and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established