DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Virgin Tech Pty Ltd T/A Virgin Tech
(AG2017/6755)

VIRGIN TECH ENTERPRISE AGREEMENT 2017

Airline operations
COMMISSIONER LEE	MELBOURNE, 10 JULY 2018

Application for approval of the Virgin Tech Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Virgin Tech Enterprise Agreement 2017 (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 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.

[4] The Australian Licensed Aircraft Engineers Association 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 17 July 2018. The nominal expiry date of the Agreement is 30 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by Virgin Tech Pty Ltd, trading as Virgin Tech, for approval of the Virgin Tech Enterprise Agreement 2017. The application was before the Fair Work Commission (FWC), an Australian independent statutory body responsible for resolving workplace disputes and ensuring fair workplace practices. The dispute centred around whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the FWC included whether the agreement contained all necessary minimum entitlements as stipulated by the Act, whether it had been genuinely agreed upon by both parties, and if the process for reaching the agreement was fair. The applicant argued that the agreement was fair and met all legislative requirements, while the opposing party contested certain provisions, suggesting they did not meet the statutory standards.

The FWC considered various aspects of the agreement, including the terms of employment, wages, and conditions. The Commission assessed whether the agreement provided employees with no less than the national minimum standards and whether it was free from any undue coercion or pressure. Ultimately, the FWC found that the agreement did meet the legislative requirements and was fair. The Commission approved the application, acknowledging the genuine negotiation process and the comprehensive nature of the agreement.

The final order of the FWC was to approve the Virgin Tech Enterprise Agreement 2017, affirming its compliance with the Fair Work Act 2009 and its fairness in terms of negotiation and content. The decision underscored the importance of adhering to legislative standards and ensuring that agreements are reached through fair and genuine processes.

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