Virgin Australia Airlines Pty Ltd T/A Virgin Australia

[2023] FWCA 2459

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Virgin Australia Airlines Pty Ltd T/A Virgin Australia

(AG2023/1704)

VIRGIN AUSTRALIA – INTEGRATED OPERATIONS CENTRE ENTERPRISE AGREEMENT 2023

Airline operations
COMMISSIONER HUNT	BRISBANE, 10 AUGUST 2023

Application for approval of the Virgin Australia – Integrated Operations Centre Enterprise Agreement 2023

The decision issued by the Fair Work Commission on 9 August 2023 [[2023] FWCA 2459] is corrected by deleting paragraph [26] and replacing it with the following:

“[26] The Agreement is approved and, in accordance with s.54(1)(b) of the Act, will operate from 23 August 2023. The nominal expiry date of the Agreement is 23 August 2026.”

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The Fair Work Commission recently addressed an application for the approval of the Virgin Australia – Integrated Operations Centre Enterprise Agreement 2023. The applicant, Virgin Australia Airlines Pty Ltd trading as Virgin Australia, sought approval for the agreement that would govern the terms and conditions of employment for its employees within the Integrated Operations Centre. The dispute arose from the need to formalise and update the terms of employment to reflect the current operational context and the parties' agreed-upon terms. The Commission, under the Fair Work Act 2009, was tasked with assessing whether the agreement met the legal requirements for approval and whether it was in the best interest of the employees and the employer.

The legal issues before the Commission included whether the agreement complied with the statutory requirements under the Fair Work Act 2009, including the provisions for proper bargaining and the mandatory inclusion of certain minimum standards. The Commission had to determine if the agreement provided for fair and reasonable terms and conditions, and whether it allowed for adequate employee representation and consultation. The Commission also needed to consider if the agreement met the criteria for being a "single interest" enterprise agreement and if it included the necessary protections and entitlements as stipulated by the Act.

In its decision, the Commission found that the agreement was appropriately negotiated and met the statutory requirements for approval. The agreement was deemed to cover a single interest enterprise, and the Commission confirmed that it included all the mandatory terms and conditions as required by the Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment and that it adequately protected the rights and interests of the employees. The Commission was satisfied that the agreement was in the best interest of the employees and the employer, and it approved the agreement, effective from 23 August 2023, with a nominal expiry date of 23 August 2026.

The Commission's final order was the approval of the Virgin Australia – Integrated Operations Centre Enterprise Agreement 2023, which will operate from 23 August 2023, with a nominal expiry date of 23 August 2026. The correction to the initial decision involved adjusting the expiry date of the agreement to accurately reflect the parties' intentions and to ensure compliance with the legal requirements. This decision ensures that the agreement is now in force, governing the employment terms for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established