ALLIANCE GROUP (DARWIN PILOTS') ENTERPRISE AGREEMENT 2025

Application for approval of the Alliance Group (Darwin Pilots') Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Alliance Group (Darwin Pilots') Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alliance Airlines Pty Ltd Trading AS Alliance Airlines (the Applicant). The Agreement is a single enterprise agreement.

[2] The Australian Federation of Air Pilots (AFAP) was not a party to the bargaining for this Agreement but sought to be heard on whether the Agreement passed the better off overall test in light of the case of Corporate Air Charter Pty Ltd v Australian Federation of Air Pilots [2025] FCAFC 45 (Corporate Air) which discussed the treatment of standby hours. Parties filed submissions on this point which I have considered.

[3] The roster patterns submitted by the Applicant appear to provide that standby duties are paid as time worked under both the Agreement and the Award, in line with the decision of Corporate Air. Whilst payment for standby duties may sometimes be higher under the Award, the Agreement pay rates are high enough to compensate across a roster period.

[4] Under the Agreement employees are entitled to a productivity allowance which is paid in excess of 55 flight hours per 28 day roster period, which is not provided for under the Award. Further, employees under the Agreement are also entitled to a meal allowance. The only major reduction is that of the 'overseas port allowance' and the annual leave loading (which is included in the Agreement rates of pay). However, the rates are high enough to compensate for these omitted items.

[5] Therefore, after consideration I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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

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