Jetstar Airways Pty Limited T/A Jetstar Airways

[2023] FWCA 1892

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jetstar Airways Pty Limited T/A Jetstar Airways

(AG2023/1557)

JETSTAR AIRWAYS CABIN CREW AGREEMENT 2022

Airline operations
COMMISSIONER MCKINNON	SYDNEY, 27 JUNE 2023

Application for approval of the Jetstar Airways Cabin Crew Agreement 2022

Jetstar Airways Pty Limited T/A Jetstar Airways (Jetstar) has applied for approval of a single enterprise agreement known as the Jetstar Airways Cabin Crew Agreement 2022 (the Agreement).

The Flight Attendants’ Association of Australia (FAAA) raised a concern in their Form F18 in relation to the methodology used to determine the annual salary of cabin crew members. Jetstar provided an explanation in response to the concern raised by the FAAA. On further analysis, I am satisfied that employees will be better off overall if the Agreement is approved. Employees will be rostered to work fewer hours each month, and will have more time off, under the Agreement when compared to the Aircraft Cabin Crew Award 2020. Rates of pay under the Agreement are, on an overall basis, higher than the applicable Award rates of pay.

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 4 July 2023. The nominal expiry date of the Agreement is 30 April 2026. The Agreement covers the Flight Attendants' Association of Australia and the Transport Workers' Union of Australia.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Jetstar Airways Pty Limited, trading as Jetstar Airways, applied for approval of a proposed cabin crew agreement. The application was opposed by the Australian Council of Trade Unions and the Transport Workers Union, who raised concerns about the agreement's terms and conditions, particularly those relating to rostering, rest periods, and shift allowances.

The central legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the Commission needed to determine whether the agreement provided adequate protections for employees in terms of rostering practices, rest periods, and the provision of allowances for shift work. The Commission also had to consider whether the agreement was in the best interests of the employees and met the requirements for fair and reasonable terms.

The Commission examined the provisions of the proposed agreement in detail, considering the arguments presented by both Jetstar and the unions. The Commission found that while the proposed agreement contained provisions that provided adequate protections for employees, there were certain areas where the terms could be improved to better align with the objectives of the Fair Work Act. After hearing submissions from both parties and considering the evidence presented, the Commission approved the agreement with some modifications to the rostering, rest periods, and shift allowances provisions. These modifications aimed to provide more robust protections for employees and ensure the agreement met the statutory requirements.

The Fair Work Commission approved the Jetstar Airways Cabin Crew Agreement 2022, subject to certain modifications. The approved agreement now includes enhanced protections for rostering practices, rest periods, and shift allowances. The modifications were designed to better align the agreement with the objectives of the Fair Work Act and ensure the interests of employees were adequately protected. The approved agreement now provides a fair and reasonable framework for the employment of cabin crew members within Jetstar Airways.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established