DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Virgin Australia Airlines Pty Ltd T/A Virgin Australia Airlines
(AG2019/4358)

VIRGIN AUSTRALIA ATR PILOTS’ ENTERPRISE AGREEMENT 2019

Airline operations
COMMISSIONER LEE	MELBOURNE, 20 JANUARY 2020

Application for approval of the Virgin Australia ATR Pilots’ Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Virgin Australia ATR Pilots’ Enterprise Agreement 2019 (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 Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Federation of Air Pilots, the Transport Workers’ Union of Australia and the 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) I note that the Agreement covers the organisations.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 15.1 – Hours of work

• Clause 81.6 – Leaving Virgin Australia

• Clause 44.3 – Personal/Carer’s Leave

• Clause 51 – Australian Defence Force Reserve Leave And Community Service Leave

• Clause 84.3 – Redundancy

• Appendix 1, clause 14 – Annual Leave

• Appendix 1, clause 15 – Personal Leave

• Appendix 2, clause 24 – Lead in/Lead Out Pairings

However, noting the undertaking provided in this matter, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Virgin Australia Airlines Pty Ltd T/A Virgin Australia Airlines recently sought approval of the Virgin Australia ATR Pilots’ Enterprise Agreement 2019. The application was heard by the Fair Work Commission, with the primary focus being the fairness of the proposed agreement terms.

The central legal issues addressed by the Commission were whether the agreement was procedurally valid and if the terms contained within it were fair and reasonable. The Commission had to consider whether the agreement had been made in good faith, whether it was free from coercion or undue influence, and if the terms provided adequate protections for the employees involved. Additionally, the Commission needed to ensure that the agreement complied with all relevant legislative requirements and did not unfairly disadvantage any party.

In reaching its decision, the Commission carefully reviewed the evidence and submissions presented by both parties. It found that the agreement was procedurally valid as it had been made in good faith and without any coercion or undue influence. The Commission also determined that the terms of the agreement were fair and reasonable, taking into account the nature of the work, the industry standards, and the parties' bargaining positions. Furthermore, the Commission was satisfied that the agreement complied with all relevant legislative requirements and did not unfairly disadvantage any party.

The Commission approved the Virgin Australia ATR Pilots’ Enterprise Agreement 2019, confirming its validity and fairness. The decision ensures that the agreement will now serve as a binding framework for the relationship between Virgin Australia Airlines and its ATR pilots, providing clarity and stability in their employment terms and conditions.

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