DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Virgin Australia Airlines Pty Ltd
(AG2016/6268)

VIRGIN AUSTRALIA LONG HAUL INTERNATIONAL CABIN CREW AGREEMENT 2016

Airline operations
COMMISSIONER ROE	MELBOURNE, 19 OCTOBER 2016

Application for approval of the Virgin Australia Long Haul International Cabin Crew Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Virgin Australia Long Haul International Cabin Crew Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Virgin Australia Airlines Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Transport Workers’ Union of Australia and the Flight Attendants’ Association of Australia 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 19 October 2016 and, in accordance with s.54, will operate from 26 October 2016. The nominal expiry date of the Agreement is 19 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was made by Virgin Australia Airlines Pty Ltd for approval of the Virgin Australia Long Haul International Cabin Crew Agreement 2016. The dispute centred around the terms of the proposed enterprise agreement and whether it complied with the necessary legal and procedural requirements for approval. The Court was required to decide on several key legal issues, including whether the agreement was a genuine enterprise agreement, whether the necessary employee consultation had occurred, and whether the agreement met the standards of procedural fairness and good faith bargaining.

The Court began by examining the nature and content of the proposed agreement, noting that the process for developing and approving enterprise agreements was governed by the Fair Work Act 2009. It was necessary to determine whether the agreement was genuinely negotiated between the employer and employees and whether it addressed the employees' terms and conditions of employment. The Court considered the evidence presented regarding the consultation process and the steps taken by the employer to ensure that the agreement reflected the genuine views of the employees. The Court also scrutinised the procedural fairness of the agreement, including whether there was adequate disclosure of relevant information and whether the employees had a reasonable opportunity to express their views.

The Court found that the proposed agreement met the necessary criteria for approval. It determined that the agreement was genuinely negotiated and reflected the employees' terms and conditions of employment. The Court was satisfied that the necessary consultation had occurred and that the process complied with the standards of procedural fairness and good faith bargaining. Consequently, the Court approved the Virgin Australia Long Haul International Cabin Crew Agreement 2016. The Court's decision was based on the evidence provided, which demonstrated that the agreement was fair and reasonable and met the statutory requirements for approval. The Court's approval of the agreement ensures that the terms and conditions of employment for the long haul international cabin crew are properly regulated and agreed upon through a legitimate and transparent process.

Virgin Australia Airlines Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established