DECISION

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

Virgin Australia Airlines Pty Ltd T/A Virgin Australia Airlines
(AG2021/5155)

VIRGIN AUSTRALIA CABIN CREW AGREEMENT 2021

Airline operations
COMMISSIONER SPENCER	BRISBANE, 19 MAY 2021

Application for approval of the Virgin Australia Cabin Crew Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Virgin Australia Cabin Crew Agreement 2021 (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 T/A Virgin Australia Airlines (the Applicant). 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 Transport Workers’ Union of Australia and Flight Attendants' Association of Australia, 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) I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 May 2021. The nominal expiry date of the Agreement is 31 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Virgin Australia Airlines, operating under the name Virgin Australia Airlines, sought approval for the Virgin Australia Cabin Crew Agreement 2021. The application was made to the Fair Work Commission, which was required to assess whether the agreement complied with the Fair Work Act 2009 and related regulations. The dispute centred on whether the proposed terms of the agreement, which included provisions on employment conditions, pay rates, and dispute resolution mechanisms, were fair and reasonable.

The legal issues the court had to address included whether the agreement met the procedural requirements for approval, whether it provided for fair and reasonable terms and conditions, and whether it complied with the Australian Government's Fair Work Act 2009. The court needed to consider the nature of the proposed changes, the bargaining process, and whether the agreement was in the best interest of the employees and the employer.

In examining the application, the court found that the agreement was the result of good faith negotiations between the parties and contained terms that were fair and reasonable. The court noted that the agreement addressed key issues such as wages, working conditions, and dispute resolution processes in a manner that balanced the interests of both the employer and the employees. The court also considered the views of the employees and the employer, finding that there was substantial support for the agreement from the majority of the cabin crew. As a result, the court approved the agreement, recognising its benefits for both parties and its compliance with the relevant legislation.

The final orders of the court were to approve the Virgin Australia Cabin Crew Agreement 2021, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the cabin crew for the specified period. The court's approval was based on the agreement meeting the statutory requirements and being in the best interests of the employees and the employer.

Virgin Australia Airlines Pty Ltd T/A Virgin Australia Airlines

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established