Eastern Australia Airlines Pty Limited T/A Qantas Link

[2021] FWCA 6378

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eastern Australia Airlines Pty Limited T/A Qantas Link
(AG2021/7651)

EASTERN AUSTRALIA AIRLINES PTY LIMITED PILOTS ENTERPRISE AGREEMENT 2019

Airline operations
COMMISSIONER SIMPSON	BRISBANE, 22 OCTOBER 2021

Application for approval of the Eastern Australia Airlines Pty Limited Pilots Enterprise Agreement 2019

[1] An application has been made for approval of an enterprise agreement known as the Eastern Australia Airlines Pty Limited Pilots Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eastern Australia Airlines Pty Limited T/A Qantas Link (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] Noting clause 6.1.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Federation of Air Pilots (AFAP) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the AFAP.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter under consideration involved Eastern Australia Airlines Pty Limited, trading as Qantas Link, which sought approval for the Eastern Australia Airlines Pty Limited Pilots Enterprise Agreement 2019. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The dispute centred around specific terms and conditions outlined in the enterprise agreement, including the provisions concerning pay rates, working hours, and conditions for pilots.

The legal issues that the Commission had to address included whether the agreement complied with the provisions of the Fair Work Act, particularly in terms of ensuring fairness and equity for both the employees and the employer. It was necessary to evaluate if the agreement appropriately balanced the interests of the pilots with the operational requirements of Qantas Link. Additionally, the Commission needed to ensure that the agreement did not contravene any existing industrial awards or other relevant legislation.

The Fair Work Commission, in its decision, meticulously reviewed the terms of the enterprise agreement against the statutory requirements. It found that the agreement was largely consistent with the legislative framework, providing adequate safeguards for the pilots while also considering the practical needs of the airline. The Commission was satisfied that the agreement met the necessary criteria for approval, particularly in relation to its provisions on pay rates and working conditions. Consequently, the Commission approved the Eastern Australia Airlines Pty Limited Pilots Enterprise Agreement 2019, thereby resolving the dispute in favour of Qantas Link.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established