Vee H Aviation Pty Ltd T/A Corporate Air Summary

[2014] FWCA 5109

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
(AG2014/1440)

CORPORATE AIR AIRCRAFT MAINTENANCE ORGANISATION ENTERPRISE AGREEMENT 2014

Airline operations
DEPUTY PRESIDENT BOOTH	SYDNEY, 29 JULY 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Corporate Air Aircraft Maintenance Organisation Enterprise Agreement 2014 (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. The agreement is a single-enterprise agreement.

[2] An undertaking has been provided by Mr Robert Boyes, Administration and HR Manager, Corporate Air. The written undertaking concerning Clauses 6.10, 2.9 and Schedule 3, will be taken to be a term of the Agreement pursuant to s.191 of the Act. The undertaking is attached to this Decision.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2014. The nominal expiry date of the Agreement is 5 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Vee H Aviation Pty Ltd T/A Corporate Air for the approval of the Corporate Air Aircraft Maintenance Organisation Enterprise Agreement 2014. The application was lodged by the employer, seeking to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred on the procedural fairness and compliance of the agreement with the relevant legislative requirements.

The key legal issues for the Commission to determine were whether the agreement was genuinely negotiated and whether it complied with the provisions of the Fair Work Act. Specifically, the Commission needed to consider whether the employer had acted fairly and reasonably in its dealings with the employees during the negotiation process and whether the agreement met the statutory criteria for registration, including its coverage and the extent to which it facilitated the resolution of workplace issues.

In delivering its decision, the Commission examined the evidence provided by both parties and assessed the negotiation process. It found that the employer had engaged in good faith negotiations and that the agreement was comprehensive and provided for the resolution of workplace issues. The Commission noted that the agreement included provisions for the establishment of a safety committee, which was a significant improvement over the previous arrangements. Furthermore, the agreement contained detailed provisions regarding employee entitlements, such as leave and overtime, which were consistent with industry standards. The Commission concluded that the agreement met the statutory criteria for approval and was in the best interests of the employees.

Accordingly, the Fair Work Commission approved the Corporate Air Aircraft Maintenance Organisation Enterprise Agreement 2014, recognising it as a registered agreement under the Fair Work Act. The decision underscored the importance of fair and genuine negotiation processes in the formation of enterprise agreements and highlighted the need for such agreements to provide adequate protections and benefits for employees.

Vee H Aviation Pty Ltd T/A Corporate Air

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established