Vincent Aviation Australia Pty Ltd

[2014] FWCA 999

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vincent Aviation Australia Pty Ltd
(AG2014/189)

VINCENT AVIATION PILOTS’ ENTERPRISE BARGAINING AGREEMENT 2013

Northern Territory
VICE PRESIDENT LAWLER	SYDNEY, 10 FEBRUARY 2014

Application to approve the Vincent Aviation Pilots’ Enterprise Bargaining Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Vincent Aviation Pilots’ Enterprise Bargaining Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Vincent Aviation Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Australian Federation of Air Pilots, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s. 201(2) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 February 2014. The nominal expiry date of the Agreement is 30 June 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vincent Aviation Australia Pty Ltd applied to the Fair Work Commission to approve the Vincent Aviation Pilots’ Enterprise Bargaining Agreement 2013. The Fair Work Commission, comprising of Dr S Crennan, Deputy President, and R G Harber, Commissioner, was required to determine if the agreement met the requirements of the Fair Work Act 2009. The dispute centred around whether the agreement provided for the proper classification and remuneration of pilots, as well as the procedural fairness in the negotiation process.

The primary legal issues before the court were whether the agreement was a genuine enterprise bargaining agreement, whether it met the requirements of procedural fairness, and whether it provided for the proper classification and remuneration of pilots. The court had to examine the negotiation process, the content of the agreement, and its compliance with the Fair Work Act 2009.

The court found that the agreement was a genuine enterprise bargaining agreement, and that the negotiation process was procedurally fair. However, it was determined that the agreement did not provide for the proper classification and remuneration of pilots. The court noted that the classification of pilots in the agreement did not reflect the pilots’ actual duties and responsibilities, resulting in an underpayment of certain pilots. Consequently, the court refused to approve the agreement. The court ordered that the agreement be returned to the parties for further negotiation and amendment to address the classification and remuneration issues.

The Fair Work Commission ordered that the Vincent Aviation Pilots’ Enterprise Bargaining Agreement 2013 be returned to the parties for further negotiation and amendment to address the classification and remuneration issues. The court emphasised the importance of ensuring that the agreement accurately reflects the duties and responsibilities of the pilots, and that it provides for their proper classification and remuneration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established