DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Vee H Aviation Pty Ltd T/A Corporate Air AMO
(AG2019/1651)

CORPORATE AIR AIRCRAFT MAINTENANCE ORGANISATION ENTERPRISE AGREEMENT 2014

Airline operations
COMMISSIONER MCKINNON	MELBOURNE, 14 OCTOBER 2019

Application for variation of the Corporate Air Aircraft Maintenance Organisation Enterprise Agreement 2014.

[1] Application has been made for approval of a variation to the Corporate Air Aircraft Maintenance Organisation Enterprise Agreement 2014 (the Agreement). The application was made by Vee H Aviation Pty Ltd T/A Corporate Air AMO pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 29 July 2014. Those undertakings form part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 14 October 2019.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Vee H Aviation Pty Ltd trading as Corporate Air, applied to the Fair Work Commission for a variation of the Corporate Air Aircraft Maintenance Organisation Enterprise Agreement 2014. The dispute involved changes to the employees' rostering arrangements, which the applicant sought to implement in response to operational and financial challenges. The Commission was tasked with determining whether the proposed changes were fair and reasonable, and if they met the criteria for a variation under the Fair Work Act 2009.

The key legal issues before the Commission were whether the proposed rostering changes were reasonable and if the process followed by the applicant in seeking the variation was fair. The Commission considered the nature of the proposed changes, the reasons behind them, and the impact on the employees. Additionally, the Commission examined if the applicant had genuinely attempted to negotiate the changes with the employees and their representatives before applying to the Commission.

The Commission concluded that the proposed rostering changes were reasonable in the circumstances and met the criteria for a variation. The applicant had demonstrated a genuine attempt to negotiate with the employees and their representatives, and the changes were necessary due to operational and financial pressures. The Commission found that the applicant had acted fairly and reasonably in seeking the variation, and the proposed changes were in the best interests of the business and the employees. The Commission granted the variation, allowing the applicant to implement the new rostering arrangements as proposed.

The Commission's decision included specific orders for the variation of the enterprise agreement, detailing the new rostering arrangements and the effective date of the changes. The applicant was required to provide written notice of the variation to the employees and their representatives, ensuring compliance with the Fair Work Act 2009. The decision provided clarity and certainty for both the applicant and the employees regarding the new rostering arrangements.

Vee H Aviation Pty Ltd T/A Corporate Air AMO

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established