Application by The Australian Licenced Aircraft Engineers Association (107N)
Citation: [2026] FWC 2203
At a glance
- Employees affected
- 11
What happened
The Applicant applied to the Fair Work Commission for a majority support determination under section 236 of the Fair Work Act 2009. This application concerns Virgin Australia Airlines Pty Ltd (the Respondent), where the Applicant represents Maintenance Watch Licensed Aircraft Maintenance Engineers (MW LAMEs). The Applicant had previously requested bargaining with Virgin Australia, but negotiations have not yet commenced. The Respondent did not object to the application and provided a list of affected employees.
What was decided
The Fair Work Commission granted the Application for a majority support determination. Deputy President Lake found that a majority of employees want to bargain, Virgin Australia has not agreed to bargain, the group of employees was fairly chosen, and it is reasonable to make the determination. The decision states 9 out of 11 affected employees signed a petition seeking this determination. A separate Determination was issued (PR810999).
What it means for employers
Employers should be aware that unions can seek majority support determinations when they want to initiate enterprise bargaining negotiations and the employer is unwilling to engage. Providing information requested by the Commission, such as employee lists, is necessary.
What it means for employees
Employees represented by a union may benefit from a majority support determination which facilitates enterprise agreement negotiations with their employer. This can lead to improved terms and conditions of employment through collective bargaining.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →