Eastern Australia Airlines Pty Limited T/A Qantaslink

[2025] FWCA 297

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Eastern Australia Airlines Pty Limited T/A Qantaslink

(AG2024/5231)

EASTERN AUSTRALIA AIRLINES PTY LIMITED GROUP 2 GROUND STAFF ENTERPRISE AGREEMENT 2024

Airline operations industry
COMMISSIONER SLOAN	SYDNEY, 24 JANUARY 2025

Application for approval of the Eastern Australia Airlines Pty Limited Group 2 Ground Staff Enterprise Agreement 2024

Eastern Australia Airlines Pty Limited has applied for approval of an enterprise agreement known as the Eastern Australia Airlines Pty Limited Group 2 Ground Staff Enterprise Agreement 2024 (“Agreement”). The application is made under s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.

The NSW Local Government, Clerical, Administrative, Energy, Airlines and Utilities Branch of the Australian Municipal, Administrative, Clerical and Services Union (“ASU”) was a bargaining representative for the Agreement. It supports the approval of the Agreement.

Having regard to the material in the application and accompanying declaration, and in the declaration filed by the ASU, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.

The ASU has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2) of the Act, I note that the Agreement covers the ASU.

The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 31 January 2025. The nominal expiry date of the Agreement is 31 January 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Eastern Australia Airlines Pty Limited, trading as Qantaslink, applied to the Fair Work Commission for the approval of the Eastern Australia Airlines Pty Limited Group 2 Ground Staff Enterprise Agreement 2024. The dispute centred on the fairness and validity of the proposed terms and conditions for the ground staff employed by Qantaslink. The matter was heard in the Fair Work Commission, which has jurisdiction over employment-related disputes in Australia.

The central legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009, particularly in relation to the procedural fairness in the bargaining process, and whether the terms of the agreement met the requirements for good faith bargaining. The Commission also considered whether the proposed agreement provided fair and reasonable terms and conditions for the employees involved.

In delivering its decision, the Commission found that the bargaining process was conducted in good faith and that the agreement met the necessary procedural fairness requirements. The Commission was satisfied that the terms of the agreement were fair and reasonable, taking into account the nature of the work, the interests of the employees, and the business needs of the employer. The Commission approved the agreement, finding that it complied with the statutory provisions and did not disadvantage the employees.

The Fair Work Commission approved the Eastern Australia Airlines Pty Limited Group 2 Ground Staff Enterprise Agreement 2024, confirming that it met the legal requirements under the Fair Work Act 2009 and was fair and reasonable for the employees involved. The decision ensures that the agreed terms and conditions will govern the employment relationship between Qantaslink and its ground staff for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established