DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Virgin Tech Pty Ltd T/A Virgin Tech
(AG2020/4039)

VIRGIN TECH ENTERPRISE AGREEMENT 2020

Airline operations
COMMISSIONER JOHNS	SYDNEY, 5 FEBRUARY 2021

Application for approval of the Virgin Tech Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Virgin Tech Enterprise 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 Tech Pty Ltd T/A Virgin Tech. The Agreement is a single 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 Australian Licensed Aircraft Engineers Association and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2021. The nominal expiry date of the Agreement is 30 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Virgin Tech Pty Ltd, trading as Virgin Tech, and its employees, who were represented by the Communications, Electrical and Plumbing Union of Australia. The matter was heard in the Fair Work Commission, which was asked to approve the Virgin Tech Enterprise Agreement 2020. The crux of the dispute centred on the terms and conditions outlined in the proposed agreement, specifically regarding the classification of employees, their remuneration, and other workplace conditions.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it provided for minimum entitlements and did not adversely affect employees' terms and conditions of employment. The Commission had to consider whether the agreement's provisions were fair and reasonable in all aspects, particularly given the specific context of the industry and the parties involved.

The Fair Work Commission found that the agreement, while generally fair, contained certain clauses that did not align with the requirements of the Fair Work Act. Specifically, the Commission identified issues with the classification of employees and the associated remuneration. After thorough examination and consultation with the parties, the Commission made several modifications to the agreement to ensure compliance with the Act. The amended agreement was ultimately approved by the Commission, reflecting its determination that the changes addressed the identified legal issues and made the agreement fair and reasonable.

The final orders of the Commission included the approval of the amended Virgin Tech Enterprise Agreement 2020, with specific provisions regarding employee classification and remuneration. The agreement was to take effect from the date of the Commission's decision, and both parties were directed to implement the approved terms in accordance with the Fair Work Act.

Virgin Tech Pty Ltd T/A Virgin Tech

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established