DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Jetstar Airways Pty Limited
(AG2015/7867)

JETSTAR AIRWAYS STORES AGREEMENT 2015

Airline operations
VICE PRESIDENT WATSON	MELBOURNE, 29 JANUARY 2016

Application for approval of the Jetstar Airways Stores Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Jetstar Airways Stores 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.

[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 Agreement is approved and, in accordance with s.54(1)(a), will operate from 5 February 2016. The nominal expiry date of the Agreement is 30 April 2019.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Jetstar Airways Pty Limited, the Fair Work Commission was presented with an application for the approval of the Jetstar Airways Stores Agreement 2015. The applicant, Jetstar Airways, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred around whether the agreement met the statutory requirements for registration, including the necessity for an independent assessment of the agreement's fairness.

The central legal issues before the Commission were whether the agreement was genuinely negotiated and whether it was fair. The Commission had to consider whether the agreement was made in good faith and without coercion. Additionally, the fairness of the agreement was to be assessed by examining its terms and conditions against the benchmark of what a fair and reasonable agreement should encompass, including considerations of minimum wages and conditions, working hours, and other employment standards.

In rendering its decision, the Fair Work Commission noted that the agreement had been negotiated between Jetstar Airways and its employees' representatives. The Commission found that the negotiation process was conducted in good faith and without any evidence of coercion. Furthermore, the Commission considered the terms and conditions of the agreement, finding that they met the necessary standards of fairness. Consequently, the Commission approved the Jetstar Airways Stores Agreement 2015 as a registered agreement under the Fair Work Act 2009. The Commission's decision was grounded in the evidence presented and the statutory criteria outlined in the Act.

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