Virgin Australia Regional Airlines Pty Ltd T/A Virgin Australia Regional Airlines Summary

[2018] FWCA 4592

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Virgin Australia Regional Airlines Pty Ltd T/A Virgin Australia Regional Airlines

(AG2017/6467)

Virgin Australia Regional Airlines Cabin Crew Agreement 2017

Airline operations
Commissioner Harper-Greenwell	MELBOURNE, 6 AUGUST 2018

Application for approval of the Virgin Australia Regional Airlines Cabin Crew Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Virgin Australia Regional Airlines Cabin Crew Agreement 2017 (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 T/A Virgin Australia Regional Airlines. The Agreement is a single enterprise agreement.

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.

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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Transport Workers’ Union of Australia and the 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.

The Agreement was approved on 6 August 2018 and, in accordance with s.54, will operate from 13 August 2018. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Virgin Australia Regional Airlines for approval of the Virgin Australia Regional Airlines Cabin Crew Agreement 2017. The dispute centred around the provisions of the proposed agreement and whether it complied with the requirements of the Fair Work Act 2009. The Commission was tasked with determining if the agreement adequately covered terms and conditions of employment and if it met the criteria for being a single, enterprise-based agreement.

The legal issues before the Commission included whether the agreement was a genuine enterprise agreement, if it provided for the appropriate matters, and whether it complied with the formal requirements set out in the Fair Work Act. The Commission needed to assess if the agreement was appropriately negotiated and if it was fair and reasonable for the employees covered by it. Additionally, the Commission had to consider if the agreement met the criteria for being an enterprise agreement, including whether it was made at the enterprise level and covered employees across multiple workplaces.

The Fair Work Commission found that the Virgin Australia Regional Airlines Cabin Crew Agreement 2017 was a genuine enterprise agreement. It covered the appropriate matters and complied with the formal requirements of the Act. The Commission determined that the agreement was appropriately negotiated and was fair and reasonable for the employees it covered. The agreement was found to be an enterprise agreement as it was made at the enterprise level and covered employees across multiple workplaces. The Commission approved the agreement, confirming its compliance with the necessary statutory provisions.

The final orders of the Commission included the approval of the Virgin Australia Regional Airlines Cabin Crew Agreement 2017, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to take all necessary steps to give effect to the agreement. The approval ensured that the agreement would govern the terms and conditions of employment for the cabin crew members covered by it, providing a legally binding framework for their employment relationship with Virgin Australia Regional Airlines.

Virgin Australia Regional Airlines Pty Ltd T/A Virgin Australia Regional Airlines

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established