Jetstar Airways Pty Ltd T/A Jetstar

[2018] FWCA 6175

[2018] FWCA 6175

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jetstar Airways Pty Ltd T/A Jetstar
(AG2018/1947)

JETSTAR AIRWAYS CABIN CREW AGREEMENT 2018

Airline operations
COMMISSIONER LEE	MELBOURNE, 4 OCTOBER 2018

Application for approval of the Jetstar Airways Cabin Crew Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Jetstar Airways Cabin Crew Agreement 2018 (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 T/A Jetstar. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 16.2 – Authorised Deductions;

•  Clause 51.1(c) – Personal Leave;

•  Clause 50.3 – Annual Leave for Part Time Cabin Crew Members

However, noting clause 6.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Transport Workers Union Australia and Flight Attendants’ Association of Australia being bargaining representatives for the Agreement, has 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2018. The nominal expiry date of the Agreement is 30 April 2021.

COMMISSIONER

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Annexure A