Virgin Australia Regional Airlines Pty Ltd

[2019] FWCA 4324

[2019] FWCA 4324

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Virgin Australia Regional Airlines Pty Ltd
(AG2019/1913)

VIRGIN AUSTRALIA REGIONAL AIRLINES PILOTS’ ENTERPRISE AGREEMENT 2019

Airline operations
COMMISSIONER LEE	MELBOURNE, 20 JUNE 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Virgin Australia Regional Airlines 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 Regional Airlines Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Australian Federation of Air Pilots 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) I note that the Agreement covers the organisations.

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

•  Clause 78.2 – Redundancy Pay

•  Clause 80 – Personal Leave

However, noting clause 90 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2019. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

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