DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eastern Australia Airlines Pty Limited T/A QantasLink
(AG2019/5101)

LICENCED AIRCRAFT ENGINEERS EASTERN AIRLINES TAMWORTH ENGINEERING BASE ENTERPRISE AGREEMENT 2019

Airline operations
DEPUTY PRESIDENT BEAUMONT	PERTH, 28 JANUARY 2020

Application for approval of the Licenced Aircraft Engineers Eastern Airlines Tamworth Engineering Base Enterprise Agreement 2019.

[1] Eastern Australia Airlines Pty Limited T/A QantasLink has made an application for the approval of an enterprise agreement known as the Licenced Aircraft Engineers Eastern Airlines Tamworth Engineering Base Enterprise Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[4] The Australian Licensed Aircraft Engineers Association (the organisation),being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[5] The Agreement was approved on 28 January 2020 and, in accordance with s 54 and clause 5 of the Agreement, will operate from 4 February 2020. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Eastern Australia Airlines Pty Limited T/A QantasLink, trading as QantasLink, brought an application for the approval of the Licenced Aircraft Engineers Eastern Airlines Tamworth Engineering Base Enterprise Agreement 2019. The application was heard by the Fair Work Commission, which was required to determine whether the agreement was in the best interests of the employees, in accordance with the Fair Work Act 2009.

The legal issues before the Commission involved assessing the fairness and reasonableness of the terms and conditions outlined in the proposed enterprise agreement. This included examining whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether it was in the best interests of the employees to approve the agreement. Additionally, the Commission had to consider whether the agreement complied with the relevant legislative framework and did not contravene any provisions of the Fair Work Act.

The Commission found that the proposed agreement provided for fair and reasonable terms and conditions for the employees. It was noted that the agreement addressed various aspects of employment, including pay rates, hours of work, leave entitlements, and other employment conditions. The Commission also considered the evidence presented by both parties and concluded that the agreement was in the best interests of the employees. The agreement was deemed to provide a reasonable balance of outcomes for both the employees and the employer, taking into account the overall economic and operational context in which the enterprise operates.

The Fair Work Commission approved the Licenced Aircraft Engineers Eastern Airlines Tamworth Engineering Base Enterprise Agreement 2019, and the approval was made effective from the date of the decision. The approval ensured that the terms and conditions outlined in the agreement would apply to the employees covered by the agreement, providing them with fair and reasonable employment conditions in accordance with the Fair Work Act.

Eastern Australia Airlines Pty Limited T/A QantasLink

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established