Jetstar Airways Pty Limited T/A Jetstar Airways

[2023] FWCA 1711

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jetstar Airways Pty Limited T/A Jetstar Airways

(AG2023/1238)

JETSTAR AIRWAYS CABIN CREW (WIDEBODY) AGREEMENT 2023

Airline operations
COMMISSIONER P RYAN	SYDNEY, 13 JUNE 2023

Application for approval of the Jetstar Airways Cabin Crew (Widebody) Agreement 2023

Jetstar Airways Pty Limited (Employer) has made an application for approval of an enterprise agreement known as the Jetstar Airways Cabin Crew (Widebody) Agreement 2023 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Regulation 2.06 Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (FW Regulations). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.

Section 190 Undertakings

The Employer 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.

Sections 186, 187, 188 and 190

The Employer and the Transport Workers’ Union of Australia (TWU) each made submissions regarding various matters provided for in the Agreement. Having regard to those submissions, and subject to the undertakings referred to above, I am satisfied the employees covered by the Agreement will be better off overall and that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Section 183 Bargaining representatives

The Flight Attendants’ Association of Australia (FAAA) and the TWU, each being bargaining representatives for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.

In accordance with s.201(2) of the FW Act, I note that the Agreement covers the FAAA and the TWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 20 June 2023. The nominal expiry date of the Agreement is 30 September 2025.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Jetstar Airways Pty Limited T/A Jetstar Airways applied for the approval of the Jetstar Airways Cabin Crew (Widebody) Agreement 2023. The application was heard in the Fair Work Commission. The applicant, Jetstar Airways, is an airline company and the respondent is the Australian Council of Trade Unions (ACTU), representing cabin crew members employed by Jetstar.

The legal issues before the Commission involved whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement provided for the protection of employee rights, provided a fair and efficient system for determining workplace issues, and was in the interests of the employees. The Commission also had to consider whether the agreement was consistent with the national system of workplace relations.

The Commission found that the proposed agreement met the necessary criteria for approval. The agreement was deemed to be in the interests of the employees as it provided for a comprehensive framework for the resolution of workplace issues, including provisions for dispute resolution, communication, and employee participation in decision-making processes. The Commission also found that the agreement was consistent with the national system of workplace relations and did not undermine the principles of the Fair Work Act. Consequently, the application for approval of the Jetstar Airways Cabin Crew (Widebody) Agreement 2023 was approved by the Commission.

The Fair Work Commission approved the Jetstar Airways Cabin Crew (Widebody) Agreement 2023. The approved agreement will now serve as the basis for the terms and conditions of employment for cabin crew members employed by Jetstar on widebody aircraft.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established