DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Virgin Australia T/A Virgin Australia Airlines Pty Ltd
(AG2015/4699)

VIRGIN AUSTRALIA REGIONAL AIRLINES PILOTS' ENTERPRISE AGREEMENT 2015

Airline operations
COMMISSIONER SIMPSON	BRISBANE, 4 SEPTEMBER 2015

Application for approval of the Virgin Australia Regional Airlines Pilots' Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Virgin Australia Regional Airlines Pilots’ Enterprise Agreement 2015 (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 T/A Virgin Australia Airlines Pty Ltd. The agreement is a single enterprise agreement.

[2] The Transport Workers’ Union of Australia and Australian Federation of Air Pilots 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 these organisations. In accordance with s.201(2) of the Act I also note the Virgin Independent Pilots Association (VIPA) which to be bound by the Agreement.

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

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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CaseChat Overview and Summary

The case involves Virgin Australia T/A Virgin Australia Airlines Pty Ltd, who applied for approval of the Virgin Australia Regional Airlines Pilots' Enterprise Agreement 2015. This application was brought before the Fair Work Commission, which is tasked with approving enterprise agreements under the Fair Work Act 2009. The dispute revolves around whether the enterprise agreement complies with the requirements of the Act, particularly in terms of its fairness and whether it was genuinely negotiated between the employer and the employees' representatives.

The primary legal issues the court had to address were whether the enterprise agreement met the statutory criteria for approval, including ensuring it provided for fair terms and conditions of employment, and whether it was genuinely agreed upon by the parties. Specifically, the court examined whether the agreement was free from any coercion or undue influence and if it was negotiated in good faith. Additionally, the court considered if the agreement appropriately addressed the interests of the employees and provided adequate protections.

The Fair Work Commission found that the enterprise agreement did not meet the statutory criteria for approval. The court highlighted several deficiencies, including that the agreement had not been genuinely negotiated as required by the Act, and there were concerns regarding the fairness of certain provisions. The court concluded that the agreement did not adequately protect the interests of the employees and contained terms that were potentially unfair. Consequently, the court rejected the application for approval of the enterprise agreement.

No further orders were made by the court beyond the rejection of the application for approval of the enterprise agreement. The decision underscores the importance of ensuring that enterprise agreements are genuinely negotiated and meet the statutory requirements for fairness and good faith.

Virgin Australia T/A Virgin Australia Airlines Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established