DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Virgin Australia Regional Airlines Pty Ltd T/A Virgin Australia Regional Airlines
(AG2016/1303)

VIRGIN AUSTRALIA REGIONAL AIRLINES SUPPLY DEPARTMENT ENTERPRISE AGREEMENT 2016

Airline operations
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 5 JULY 2016

Application for approval of the Virgin Australia Regional Airlines Supply Department Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Virgin Australia Regional Airlines Supply Department Enterprise Agreement 2016 (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.

[2] The Applicant 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.

[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. 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.

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 5 July 2016 and, in accordance with s.54, will operate from 12 July 2016. The nominal expiry date of the Agreement is 5 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Virgin Australia Regional Airlines Pty Ltd trading as Virgin Australia Regional Airlines, the Fair Work Commission was presented with an application for the approval of the Virgin Australia Regional Airlines Supply Department Enterprise Agreement 2016. The application was brought forward by the airline, seeking endorsement of the agreement which outlines the terms and conditions of employment for its supply department employees. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, particularly regarding the provisions concerning pay rates, working conditions, and other employment terms.

The legal issues before the commission included whether the agreement adequately provided for the minimum entitlements and protections as prescribed by the Fair Work Act, including those related to minimum wage rates, leave provisions, and procedural fairness. The commission also needed to determine if the agreement had been made in good faith and without coercion, and whether it facilitated the efficient operation of the enterprise. Furthermore, the commission had to consider the extent to which the agreement met the requirements for covering all employees within the designated bargaining unit without unduly disadvantaging any party.

In reaching its decision, the Fair Work Commission examined the provisions of the agreement against the legislative benchmarks set by the Fair Work Act. The commission found that the agreement provided for the minimum entitlements required by law and did not disadvantage employees in terms of pay and conditions. It was also satisfied that the agreement had been made in good faith and without coercion. The commission concluded that the agreement was fair and appropriate for the efficient running of the enterprise. Consequently, the commission approved the agreement, finding it met the necessary criteria for endorsement under the Act.

The final orders of the commission were that the Virgin Australia Regional Airlines Supply Department Enterprise Agreement 2016 be approved as a registered agreement, effective from the date of the decision. This decision ensures that the terms of employment for the employees within the supply department are legally recognised and protected, facilitating a stable and fair working environment.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established