Jetstar Airways Pty Ltd T/A Jetstar

[2014] FWCA 1088

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jetstar Airways Pty Ltd T/A Jetstar
(AG2013/12751)

JETSTAR AIRWAYS ENGINEERING & MAINTENANCE ENTERPRISE AGREEMENT 2013

Airline operations
COMMISSIONER JOHNS	BRISBANE, 13 FEBRUARY 2014

Application for approval of the Jetstar Airways Engineering & Maintenance Enterprise Agreement 2013.

[1] On 20 December 2013 Jetstar Airways Ply Ltd T/A Jetstar (Applicant) made an application for approval of the Jetstar Airways Engineering & Maintenance Enterprise Agreement 2013 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Australian Workers’ Union and the Australian Licenced Aircraft Engineers Association, 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 20 February 2014. The nominal expiry date of the Agreement is 23 April 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Jetstar Airways Pty Ltd T/A Jetstar applied for approval of the Jetstar Airways Engineering & Maintenance Enterprise Agreement 2013. The application was made under section 234 of the Fair Work Act 2009, seeking that the agreement be approved as a registered agreement. The dispute centred around the terms and conditions of the agreement which had been negotiated between Jetstar and its employees represented by the Transport Workers Union of Australia.

The legal issues before the Commission involved whether the agreement met the criteria for registration under the Fair Work Act. These criteria included whether the agreement was made in good faith, contained only matters that could be the subject of a registered agreement, and was appropriately certified. Furthermore, the Commission had to determine if the agreement was free from prohibited content and whether the certification process was properly conducted. The Commission also examined whether the agreement provided for a fair and efficient dispute resolution process.

The Fair Work Commission found that the Jetstar Airways Engineering & Maintenance Enterprise Agreement 2013 met the statutory requirements for registration. The Commission confirmed that the agreement was made in good faith and contained only matters that were appropriate for a registered agreement. The certification process was deemed to be properly conducted, and the agreement was found to be free from any prohibited content. Additionally, the Commission was satisfied that the agreement provided for an efficient and fair dispute resolution process. Consequently, the Commission approved the agreement, and it was registered on the relevant date.

No further orders were made beyond the registration of the agreement. The Commission's decision was based on the evidence presented and the legal criteria set out in the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established