Application by Virgin Australia Regional Airlines Pty Ltd Trading AS Vara
Citation: [2026] FWCA 1783
At a glance
- Awards cited
- MA000174
What happened
Virgin Australia Regional Airlines Pty Ltd (the Employer) sought approval for its 'Virgin Australia Regional Airlines Aircraft Engineers (Western Australia) Enterprise Agreement 2025'. The agreement covers employees of the Airline operations division and was lodged under section 185 of the Fair Work Act. The Australian Licensed Aircraft Engineers Association (ALAEA) indicated they wished the agreement to cover them.
What was decided
The Fair Work Commission approved the enterprise agreement. It noted that a consultation term, as required by the Fair Work Act, was missing and applied a prescribed model term instead. Similarly, a delegates’ rights term was absent, so clause 31A of the Airline Operations – Ground Staff Award 2020 was incorporated. The Commissioner confirmed that National Employment Standards (NES) entitlements would prevail in cases of inconsistency. The agreement covers the ALAEA and expires on June 30, 2028.
What it means for employers
Employers creating enterprise agreements must ensure they include compliant consultation terms and delegates’ rights provisions as mandated by the Fair Work Act. Failure to do so will result in the Commission incorporating these from other sources.
What it means for employees
Employees should be aware that their enterprise agreement is now covered by the ALAEA, ensuring collective bargaining representation. The National Employment Standards (NES) will provide a safety net for entitlements where the agreement doesn't offer more beneficial terms.
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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