Eastern Australia Airlines Pty Limited T/A Qantaslink

[2023] FWCA 681

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Eastern Australia Airlines Pty Limited T/A Qantaslink

(AG2023/251)

Eastern Australia Airlines - Line Maintenance Aircraft Engineers Agreement 2023

Airline operations
DEPUTY PRESIDENT DEAN	CANBERRA, 3 MARCH 2023

Application for approval of the Eastern Australia Airlines - Line Maintenance Aircraft Engineers Agreement 2023

An application has been made for approval of an enterprise agreement known as the Eastern Australia Airlines - Line Maintenance Aircraft Engineers Agreement 2023 (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 Qantaslink. The Agreement is a single enterprise agreement.

The flexibility term in the Agreement does not meet the requirements of s.203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Employer has 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.

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.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and The Australian Licensed Aircraft Engineers Association, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover their organisation. In accordance with s.201(2) I note that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 March 2023. The nominal expiry date of the Agreement is 31 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Eastern Australia Airlines Pty Limited T/A Qantaslink applied to the Fair Work Commission for approval of the Eastern Australia Airlines - Line Maintenance Aircraft Engineers Agreement 2023. The application involved the terms and conditions of employment for line maintenance aircraft engineers employed by the airline. The dispute centred around whether the proposed agreement met the necessary requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement complied with the provisions of the Act, including whether it provided for minimum terms of employment and if it was free from prohibited content.

The legal issues before the Commission included whether the agreement sufficiently addressed the minimum terms of employment, whether it contained any prohibited content, and if it was made in good faith. The Commission examined the agreement's provisions to ensure it met the statutory requirements and provided adequate protections for the employees. It also considered whether the agreement was the product of genuine negotiations between the parties and whether it complied with the principles of procedural fairness.

The Commission found that the agreement met the necessary requirements for approval. It determined that the agreement provided for minimum terms of employment that were not less favourable than the relevant award or the general industrial award. The Commission also found that the agreement was free from prohibited content and had been made in good faith. It concluded that the agreement was the product of genuine negotiations between the parties and that it complied with the principles of procedural fairness. As a result, the Commission approved the agreement.

The Fair Work Commission approved the Eastern Australia Airlines - Line Maintenance Aircraft Engineers Agreement 2023, finding it met the necessary requirements under the Fair Work Act 2009. The Commission determined that the agreement provided for minimum terms of employment, was free from prohibited content, and was made in good faith. The Commission also found that the agreement was the product of genuine negotiations between the parties and complied with the principles of procedural fairness. The agreement was approved, and the dispute was resolved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established