Vee H Aviation Pty Ltd T/A Corporate Air AMO Summary

[2023] FWCA 1482

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Vee H Aviation Pty Ltd T/A Corporate Air AMO

(AG2023/1204)

CORPORATE AIR AIRCRAFT MAINTENANCE ORGANISATION ENTERPRISE AGREEMENT 2023

Airline operations
COMMISSIONER LEE	MELBOURNE, 25 MAY 2023

Application for approval of the Corporate Air Aircraft Maintenance Organisation Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Corporate Air Aircraft Maintenance Organisation Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vee H Aviation Pty Ltd T/A Corporate Air AMO. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

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.

The Agreement was approved on 25 May 2023 and, in accordance with s 54, will operate from 1 June 2023. The nominal expiry date of the Agreement is 25 May 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, Vee H Aviation Pty Ltd T/A Corporate Air Aircraft Maintenance Organisation (AMO) applied for the approval of the Corporate Air Aircraft Maintenance Organisation Enterprise Agreement 2023. The applicant, Vee H Aviation Pty Ltd, operates as Corporate Air AMO, and the application was made under section 235 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for the workforce covered by the proposed enterprise agreement.

The legal issues before the Court involved whether the proposed agreement complied with the requirements of the Fair Work Act, including the need for it to be a "better off overall test" (BOOT) agreement. The applicant argued that the agreement provided fair and reasonable terms for its employees, meeting all legislative requirements. The Court had to consider the specific provisions of the agreement, including wages, hours of work, and other conditions, to determine if it met the statutory criteria.

The Court found that the proposed agreement was compliant with the Fair Work Act. The applicant had demonstrated that the agreement provided for a fair and reasonable outcome for the employees, including a BOOT assessment. The agreement was also found to be properly negotiated and contained all the necessary details required by the Act. The Court approved the Corporate Air Aircraft Maintenance Organisation Enterprise Agreement 2023, noting that it met all statutory requirements.

The Court issued an order approving the Corporate Air Aircraft Maintenance Organisation Enterprise Agreement 2023 as meeting the requirements of the Fair Work Act. This approval meant that the terms and conditions outlined in the agreement were to be implemented, effective from the date of the Court's decision. The agreement was to apply to all employees covered by it, subject to any individual entitlements or agreements that may override the general terms of the enterprise agreement.

Vee H Aviation Pty Ltd T/A Corporate Air AMO

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established