Virgin Australia Regional Airlines Pty Ltd

[2024] FWCA 2587

[2024] FWCA 2587

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Virgin Australia Regional Airlines Pty Ltd

(AG2024/1899)

VIRGIN AUSTRALIA REGIONAL AIRLINES CABIN CREW AGREEMENT 2024

Airline operations
COMMISSIONER MATHESON	SYDNEY, 11 JULY 2024

Application for approval of the Virgin Australia Regional Airlines Cabin Crew Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Virgin Australia Regional Airlines Cabin Crew Agreement 2024 (Agreement). The application was made by Virgin Australia Regional Airlines Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

1. I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 2.5(a) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

1. The Flight Attendants’ Association of Australia and Transport Workers’ Union 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) of the Act, I note that the Agreement covers the organisations.

1. The Agreement is approved and will operate from 29 July 2024. The nominal expiry date of the Agreement is 29 July 2027.

1. The Agreement contains an obvious error in that the ‘Change of Duty Allowance’ in the amount of $33.95 in ‘Table 4 – Allowances’ within clause 4.2 of the Agreement is expressed as being payable ‘per Duty’ when it was intended that it would be payable ‘per hour’. The Applicant applied to vary the Agreement pursuant to s.218A of the Act to correct the error. I vary the Agreement pursuant to s.218A of the Act so that the reference to ‘$33.95 per Duty’ is amended to read ‘$33.95 per hour’ in ‘Table 4 – Allowances’ within clause 4.2 of the Agreement in the row of the table dealing with ‘Change of Duty’ allowance. The variation operates from the date of the Agreement’s commencement, being 29 July 2024.

COMMISSIONER

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