Cathay Pacific Airways Ltd

[2023] FWCA 728

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cathay Pacific Airways Ltd

(AG2023/46)

CATHAY PACIFIC AIRWAYS GROUND STAFF WORKPLACE AGREEMENT 2023-2024

Airline operations
COMMISSIONER P RYAN	SYDNEY, 7 MARCH 2023

Application for approval of the Cathay Pacific Airways Ground Staff Workplace Agreement 2023 - 2024

Cathay Pacific Airways Ltd (Employer) has made an application for approval of an enterprise agreement known as the Cathay Pacific Airways Ground Staff Workplace Agreement 2023-2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

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.

Section 183 Bargaining Representative

The Australian Municipal, Administrative, Clerical and Services Union (ASU), each being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

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

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 14 March 2023. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cathay Pacific Airways Limited applied to the Fair Work Commission for approval of its Workplace Agreement with ground staff employees for the period 2023-2024. The primary dispute centred on whether the terms of the proposed agreement complied with the Fair Work Act 2009, particularly in relation to minimum wage rates, leave entitlements, and procedural fairness in the negotiation process. The Commission was tasked with determining whether the agreement met the legislative requirements for approval.

The legal issues before the Commission included whether the proposed agreement provided for terms and conditions that did not undermine the safety net of minimum standards, as outlined in the Fair Work Act. Additionally, the Commission examined whether the agreement was made in good faith and whether it contained appropriate mechanisms for resolving disputes. The negotiation process itself was also scrutinised to ensure it adhered to the principles of procedural fairness.

In its decision, the Commission concluded that the proposed agreement largely complied with the statutory requirements. The agreement was deemed to provide fair terms and conditions that did not undercut the minimum safety net standards. The Commission found that the negotiation process was conducted in good faith and that the agreement contained adequate provisions for resolving disputes. As a result, the application for approval was granted, and the Workplace Agreement was approved for the specified period.

The final orders of the Commission included the approval of the Cathay Pacific Airways Ground Staff Workplace Agreement 2023-2024, subject to the conditions set out in the decision. The agreement was to take effect from the date of approval, and the parties were directed to implement the terms as per the approved document. The decision underscored the importance of adhering to statutory requirements and the principles of procedural fairness in workplace agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established