Virgin Australia Regional Airlines Pty Ltd Summary

[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

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.

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.

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.

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.

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

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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CaseChat Overview and Summary

The applicants, Virgin Australia Regional Airlines, sought approval from the Fair Work Commission for a new enterprise agreement with their cabin crew. The dispute involved the terms and conditions of employment for the cabin crew, including wages, working hours, and other conditions that would govern their employment relationship. The matter was heard in the Fair Work Commission of Australia.

The key legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it was fair and reasonable in all its terms. The Commission had to consider whether the agreement provided for procedural fairness, whether it was free from any contravention of the Act, and whether it was genuinely a bargain between the parties. Additionally, the Commission had to ensure that the agreement did not undermine the existing rights of employees or the public interest.

The Commission found that the proposed agreement was procedurally fair, met all legal requirements, and was genuinely a bargain between the parties. The agreement provided for a structured process for resolving disputes and included protections for employees. It also ensured that no existing rights of employees were undermined and did not contravene any provisions of the Act. The Commission concluded that the agreement was fair and reasonable in all its terms and approved the proposed agreement.

The Commission's approval of the Virgin Australia Regional Airlines Cabin Crew Agreement 2024 was based on its findings that the agreement was procedurally fair, met all legal requirements, and was genuinely a bargain between the parties. The Commission found that the agreement provided for a structured process for resolving disputes and included protections for employees. It also ensured that no existing rights of employees were undermined and did not contravene any provisions of the Act. The Commission concluded that the agreement was fair and reasonable in all its terms and approved the proposed agreement. The approval of the agreement is effective from the date of the Commission's decision.

Virgin Australia Regional Airlines Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established