DECISION

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

Virgin Australian Airlines Pty Ltd T/A Virgin Australia
(AG2020/4012)

VIRGIN AUSTRALIA & TWU AIRSIDE OPERATIONS AGREEMENT 2020

Airline operations
COMMISSIONER JOHNS	SYDNEY, 27 JANUARY 2021

Application for approval of the Virgin Australia & TWU Airside Operations Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Virgin Australia & TWU Airside Operations Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Virgin Australian Airlines Pty Ltd T/A Virgin Australia. The Agreement is a multi-enterprise agreement.

[2] 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. The undertakings are taken to be a term of 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 3 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Virgin Australia Airlines and the Transport Workers Union, with the dispute centering on the approval of the Virgin Australia & TWU Airside Operations Agreement 2020. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The Transport Workers Union sought to ensure that the agreement provided adequate protections and benefits for its members working in airside operations, while Virgin Australia aimed to establish a fair and efficient working environment.

The primary legal issue before the Commission was whether the agreement provided adequate safeguards for the employees' interests, including terms and conditions of employment, dispute resolution mechanisms, and other provisions that ensure fair treatment. Additionally, the Commission had to assess whether the agreement complied with the statutory requirements for fair work agreements, such as being in writing, not being contrary to public policy, and meeting the requirements for genuine agreement.

In its decision, the Commission thoroughly examined the provisions of the proposed agreement, considering the submissions from both parties and relevant legislative provisions. The Commission found that the agreement contained adequate provisions to protect the employees' interests and ensure fair treatment. Furthermore, the Commission determined that the agreement complied with the statutory requirements for approval. Consequently, the Commission approved the Virgin Australia & TWU Airside Operations Agreement 2020, providing a framework for fair and efficient working conditions in the airside operations sector.

The Commission's approval of the agreement signifies a balanced approach to meeting the needs of both the employer and the employees. The decision provides a clear framework for future negotiations and ensures that the interests of both parties are adequately protected within the terms of the agreement.

Virgin Australian Airlines Pty Ltd T/A Virgin Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established