Virgin Australia Airlines Pty Ltd T/A Virgin Australia Summary

[2013] FWCA 2647

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Virgin Australia Airlines Pty Ltd T/A Virgin Australia
(AG2013/5934)

VIRGIN AUSTRALIA SHORT HAUL PILOTS' AGREEMENT 2013

Airline operations
COMMISSIONER BOOTH	BRISBANE, 3 MAY 2013

Application for approval of the Virgin Australia Short Haul Pilots' Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Virgin Australia Short Haul Pilots' Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Virgin Australia Airlines Pty Ltd T/A Virgin Australia.

[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 and VIPA, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2013. The nominal expiry date of the Agreement is 9 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Virgin Australia Airlines Pty Ltd sought approval of the Virgin Australia Short Haul Pilots' Agreement 2013 from the Fair Work Commission (FWC). The dispute arose from negotiations between the airline and the Australian and International Pilots Association (AIPA) concerning the terms and conditions of employment for short haul pilots. The FWC was tasked with determining whether the agreement should be approved under the Fair Work Act 2009.

The key legal issues before the FWC involved whether the proposed agreement complied with the statutory requirements for modern awards and whether it adequately addressed the terms of employment in a manner consistent with the principles of the Fair Work Act. The FWC had to consider if the agreement provided a safety net of minimum entitlements, avoided undermining awards and enterprise agreements, and was in the public interest. The FWC also evaluated whether the agreement's provisions were fair and reasonable, balancing the interests of both the pilots and the airline.

The FWC found that the proposed agreement met the statutory requirements and was fair and reasonable. The agreement provided a safety net of minimum entitlements and did not undermine relevant awards or enterprise agreements. The FWC determined that the agreement was in the public interest, as it addressed the operational needs of the airline while protecting the rights and conditions of the pilots. Consequently, the FWC approved the Virgin Australia Short Haul Pilots' Agreement 2013.

The FWC ordered that the agreement be approved and registered under the Fair Work Act. The agreement would apply to all short haul pilots employed by Virgin Australia and would be in effect from the date of registration. The approval meant that the terms and conditions outlined in the agreement would govern the employment of the affected pilots, providing a clear framework for their working conditions and entitlements.

Virgin Australia Airlines Pty Ltd T/A Virgin Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established