DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jetstar Airways Pty Ltd
(AG2015/2396)

JETSTAR/ASU AGREEMENT 2015

Airline operations
COMMISSIONER CRIBB	MELBOURNE, 21 APRIL 2015

Application for approval of the Jetstar/ASU Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Jetstar/ASU 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 Ltd. 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 Municipal, Administrative, Clerical and Services Union (ASU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[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 30 September 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Jetstar Airways Pty Ltd applied for approval of the Jetstar/ASU Agreement 2015, which was intended to govern the employment conditions of Jetstar's pilots. The Australian Services Union (ASU) had negotiated the agreement with Jetstar, and the union sought to have it certified as a lawful agreement under the Fair Work Act 2009. The application for approval involved scrutiny of whether the agreement met the statutory requirements and whether it was genuinely negotiated and not the result of any improper conduct.

The legal issues before the Commission centred on whether the agreement was genuinely negotiated and whether it complied with the Fair Work Act. Key concerns included whether the ASU had the requisite industrial capacity to negotiate the agreement on behalf of Jetstar's pilots and whether the agreement contained terms that were inconsistent with the Act's objectives, particularly in relation to redundancy provisions. The Commission had to consider submissions from Jetstar, the ASU, and other stakeholders to determine if the agreement was appropriately negotiated and compliant with the statutory framework.

In rendering its decision, the Commission examined the evidence and submissions provided by the parties. It found that the ASU had the necessary industrial capacity to negotiate on behalf of the pilots and that the agreement had been genuinely negotiated. The Commission also concluded that the agreement was compliant with the objectives of the Fair Work Act, despite some concerns regarding the redundancy provisions. Ultimately, the Commission approved the Jetstar/ASU Agreement 2015, finding it to be a lawful agreement that met the statutory requirements.

Jetstar Airways Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established