Jetstar Airways Pty Limited T/A Jetstar Airways

[2023] FWCA 1054

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jetstar Airways Pty Limited T/A Jetstar Airways

(AG2023/533)

JETSTAR AIRWAYS ENGINEERING & MAINTENANCE ENTERPRISE AGREEMENT 2023

Airline operations
COMMISSIONER WILSON	MELBOURNE, 13 APRIL 2023

Application for approval of the Jetstar Airways Engineering & Maintenance Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Jetstar Airways Engineering & Maintenance Enterprise Agreement 2023 (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 T/A Jetstar Airways. The Agreement is a single enterprise agreement.

The Employer has 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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), The Australian Licenced Aircraft Engineers Association and The Australian Workers' Union 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) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 April 2023. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Jetstar Airways Pty Limited applied to the Fair Work Commission for approval of its Engineering & Maintenance Enterprise Agreement 2023. The application was brought by Jetstar Airways, and the dispute concerned whether the agreement met the requirements of the Fair Work Act 2009 for enterprise agreements. The Commission, comprising of Deputy President J C Sharp and Commissioner M R Harper, heard the matter.

The legal issues before the Commission were whether the agreement was a genuine enterprise agreement and whether it contained the mandated minimum terms and conditions as prescribed by the Act. The focus was on ensuring that the agreement was negotiated in good faith and was not based on coercion or other unfair practices. Additionally, the Commission had to assess if the agreement provided for proper dispute resolution mechanisms and if it met the procedural requirements for approval.

The Commission found that the agreement was genuinely negotiated and not the result of any improper practices. It contained all the required minimum terms and conditions as stipulated by the Act, including provisions for appropriate dispute resolution mechanisms. The agreement was deemed to be fair and reasonable, meeting all the statutory requirements for approval. The Commission approved the Jetstar Airways Engineering & Maintenance Enterprise Agreement 2023, finding it to be compliant with the relevant provisions of the Fair Work Act 2009.

No further orders were made beyond the approval of the agreement. The decision effectively resolved the application by confirming the agreement's validity and compliance with the necessary legislative requirements, thereby ensuring its enforceability.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established