Virgin Australia T/A Virgin Australia Airlines Pty Ltd
[2018] FWCA 2671
•11 MAY 2018
| [2018] FWCA 2671 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Virgin Australia T/A Virgin Australia Airlines Pty Ltd
(AG2018/623)
Virgin Australia Narrow Body Aircraft Pilots’ Enterprise Agreement 2018
| Airline operations | |
| Commissioner Harper-Greenwell | MELBOURNE, 11 MAY 2018 |
Application for approval of the Virgin Australia Narrow Body Aircraft Pilots’ Enterprise Agreement 2018.
An application has been made for approval of an enterprise agreement known as the Virgin Australia Narrow Body Aircraft Pilots’ Enterprise Agreement 2018 (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 Airlines Pty Ltd T/A Virgin Australia Airlines. The Agreement is a single enterprise agreement.
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. 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.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Australian Federation of Air Pilots (AFAP) and VIPA 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.
I note that clause 71.5 of the Agreement makes provision for an employee to apply all of their final pay towards repayment of an unpaid portion of endorsement costs and training. In my view, the clause may not be a permitted deduction within the meaning of s.324 of the Act, and pursuant to s.326 of the Act is likely to have effect to the extent that it is not a permitted deduction. However, notwithstanding my view on that, it is not a matter to which I am to have regard in terms of whether or not the Agreement should be approved and it does not represent a barrier to the approval of the Agreement.
The Agreement was approved on 11 May 2018 and, in accordance with s.54, will operate from 18 May 2018. The nominal expiry date of the Agreement is 31 March 2020.
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