Vee H Aviation Pty Ltd T/A Corporate Air CAMO

[2023] FWCA 1480

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 CAMO

(AG2023/1210)

CORPORATE AIR CONTINUING AIRWORTHINESS MANAGEMENT ORGANISATION ENTERPRISE AGREEMENT 2023

Airline operations
COMMISSIONER LEE	MELBOURNE, 25 MAY 2023

Application for approval of the Corporate Air Continuing Airworthiness Management Organisation Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Corporate Air Continuing Airworthiness Management 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 CAMO. 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

The applicant, Vee H Aviation Pty Ltd trading as Corporate Air, sought approval from the Fair Work Commission of the Corporate Air Continuing Airworthiness Management Organisation Enterprise Agreement 2023. The Fair Work Commission considered the application and found that the agreement should be approved. The respondent, represented by the Australian Licensed Aircraft Engineers Association, objected to the application on various grounds, including that the agreement did not meet the requirements of section 232 of the Fair Work Act 2009.

The key legal issue before the Fair Work Commission was whether the proposed agreement met the requirements of section 232 of the Act. This section mandates that an enterprise agreement must provide for certain minimum terms and conditions, including provisions for the resolution of disputes. The Commission examined the agreement to determine if it included all the necessary provisions and if the agreement was fairly negotiated and in the interests of the employees.

The Fair Work Commission found that the agreement met all the statutory requirements and was fairly negotiated. The Commission noted that the agreement included provisions for the resolution of disputes, as well as provisions for minimum terms and conditions such as pay, hours of work, and leave. The Commission was also satisfied that the agreement was in the interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The Commission noted that the respondent had not provided any evidence to suggest that the agreement was not in the interests of the employees.

The Fair Work Commission approved the Corporate Air Continuing Airworthiness Management Organisation Enterprise Agreement 2023. The Commission found that the agreement met all the requirements of section 232 of the Act and was fairly negotiated and in the interests of the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for the resolution of disputes. The Commission also noted that the respondent had not provided any evidence to suggest that the agreement was not in the 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