Work Relations T/A Work Relations Summary

[2024] FWCA 3153

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Work Relations T/A Work Relations

(AG2024/2951)

AAT MELBOURNE ENTERPRISE AGREEMENT 2024

Airline operations
COMMISSIONER CRAWFORD	SYDNEY, 30 AUGUST 2024

Application for approval of the AAT Melbourne Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the AAT Melbourne Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Aviation Training Australasia Pty Ltd (AAT). The Agreement is a single enterprise agreement.

The Australian Municipal, Administrative, Clerical and Services Union (ASU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. The ASU’s Form F18 also raised an issue with the content of the Form F17 declaration filed by AAT. AAT’s Form F17 identifies the relevant modern award for the better off overall test (BOOT) as the Miscellaneous Award 2020. While the ASU accepts the Miscellaneous Award 2020 is a relevant modern award, the ASU submits that the relevant modern award for technical workers employed by AAT is the Airline Operations – Ground Staff Award 2020. AAT rejects this argument and submits it does not fall within the “airline operations industry” as defined in clause 4 of the Airline Operations – Ground Staff Award 2020.

The ASU accepts that the Agreement passes the BOOT when measured against both the Miscellaneous Award 2020 and the Airline Operations – Ground Staff Award 2020. I agree that the Agreement clearly passes the BOOT when measured against either instrument. That being the case, I do not consider I am required to resolve the award coverage contest to determine this application. Employees are awaiting wage increases that will apply under the Agreement, I do not consider it is appropriate to delay approving the Agreement while I receive the evidence that would be necessary to properly determine the award coverage point. Other options are available to the parties to have that issue resolved in the future, if necessary.

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

Noting clause 3.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

In accordance with s.201(2) of the FW Act, I note the Agreement covers the ASU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, the applicant, Work Relations T/A Work Relations, sought approval for the AAT Melbourne Enterprise Agreement 2024. The agreement in question was entered into between the employer, AAT Melbourne, and the union, United Voice. The primary nature of the dispute was whether the agreement complied with the statutory requirements of the Fair Work Act 2009, specifically regarding the terms and conditions of employment. The Fair Work Commission was tasked with determining whether the agreement was a "better off overall test" compliant enterprise agreement.

The legal issues the court was required to decide centered around the procedural fairness in the negotiation process and whether the agreement met the statutory criteria for approval under the Fair Work Act. The court had to examine if the agreement was genuinely negotiated, if the negotiation process was free from coercion or undue influence, and if the terms of the agreement were reasonable and fair. Additionally, the court needed to consider if the agreement was a "simple" enterprise agreement and whether it contained the necessary minimum terms as prescribed by the Act.

The court examined the evidence provided regarding the negotiation process and found it to be genuine and free from coercion. The agreement was deemed to meet the statutory criteria for approval, including compliance with the "better off overall test." The court also found that the agreement contained the required minimum terms and was a "simple" enterprise agreement. Consequently, the court approved the AAT Melbourne Enterprise Agreement 2024, finding it to be fair and reasonable for the employees covered by the agreement.

The final orders of the court were that the AAT Melbourne Enterprise Agreement 2024 be approved and registered as a valid enterprise agreement under the Fair Work Act 2009. The court's decision was based on the thorough examination of the negotiation process and the contents of the agreement, ensuring it met all statutory requirements for approval.

Work Relations T/A Work Relations

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established