DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jetstar Airways Pty Ltd T/A Jetstar
(AG2018/1685)

JETSTAR/ASU AGREEMENT 2018

Airline operations
COMMISSIONER MCKINNON	MELBOURNE, 18 SEPTEMBER 2018

Application for approval of the Jetstar/ASU Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Jetstar/ASU 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] Written undertakings have been given in accordance with s.190. 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] The Australian Municipal, Administrative, Clerical and Services Union 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2018. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the dispute were Jetstar Airways Pty Ltd, trading as Jetstar, and the Australian Services Union (ASU). The matter was brought before the Fair Work Commission to seek approval for the Jetstar/ASU Agreement 2018, which would govern the employment terms and conditions for Jetstar's cabin crew members. The ASU sought approval of the agreement to ensure the rights and protections of its members were adequately addressed.

The legal issues that the Commission was required to determine included whether the agreement met the necessary requirements under the Fair Work Act 2009, including whether it was a "better off overall test" agreement, and whether the agreement contained all the necessary provisions as stipulated by the Act. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it provided appropriate protections and entitlements for the employees.

In its decision, the Commission thoroughly examined the provisions of the agreement and the submissions from both Jetstar and the ASU. The Commission found that the agreement was made in good faith and met the requirements of the Fair Work Act. It concluded that the agreement was a "better off overall test" agreement, providing appropriate protections and entitlements for Jetstar's cabin crew members. Consequently, the Commission approved the Jetstar/ASU Agreement 2018, allowing it to be registered and enforced under the Act.

The Fair Work Commission approved the Jetstar/ASU Agreement 2018, recognising it as a fair and balanced agreement that met all necessary legal requirements. This decision ensures that the agreement will govern the employment terms and conditions of Jetstar's cabin crew members, providing them with appropriate protections and entitlements.

Jetstar Airways Pty Ltd T/A Jetstar

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established