DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jetstar Airways Pty Limited
(AG2015/2409)

JETSTAR AIRWAYS PILOTS’ ENTERPRISE AGREEMENT 2015

Airline operations
COMMISSIONER CRIBB	MELBOURNE, 21 APRIL 2015

Application for approval of the Jetstar Airways Pilots’ Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Jetstar Airways Pilots’ Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jetstar Airways Pty Limited. The agreement is a single-enterprise agreement.

[2] 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 Australian and International Pilots Association (AIPA), Australian Federation of Air Pilots (AFAP) and Transport Workers’ Union of Australia (TWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement was approved in Chambers on 21 April 2015 and, in accordance with s.54 of the Act, will operate from 28 April 2015. The nominal expiry date of the Agreement is 21 April 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Jetstar Airways Pty Limited sought approval for the Jetstar Airways Pilots’ Enterprise Agreement 2015 before the Fair Work Commission. The applicant, Jetstar Airways, argued that the proposed agreement should be approved as it met the criteria set out in the Fair Work Act 2009. The dispute primarily revolved around whether the agreement appropriately balanced the interests of both the airline and its pilots while ensuring fair and reasonable terms for the employees.

The court was tasked with determining if the proposed enterprise agreement met the criteria for approval under the Fair Work Act. This involved examining whether the agreement contained the necessary minimum terms and conditions, and if it had been genuinely agreed upon by the parties involved. The court also had to consider if the agreement was free from any provisions that could be considered contrary to public policy or that might undermine the integrity of the industrial relations system.

The Fair Work Commission determined that the proposed enterprise agreement met all the necessary criteria for approval. The court found that the agreement provided for fair and reasonable terms and conditions, and that it had been genuinely negotiated between the parties. The commission was satisfied that the agreement did not contain any provisions that were contrary to public policy or detrimental to the industrial relations system. Consequently, the application for approval was successful, and the Jetstar Airways Pilots’ Enterprise Agreement 2015 was approved.

Jetstar Airways Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established