DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jetstar Airways Pty Ltd T/A Jetstar Airways
(AG2018/7386)

JETSTAR AIRWAYS ENGINEERING & MAINTENANCE ENTERPRISE AGREEMENT 2018

Airline operations
COMMISSIONER WILSON	MELBOURNE, 2 MAY 2019

Application for approval of the Jetstar Airways Engineering & Maintenance Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Jetstar Airways Engineering & Maintenance Enterprise 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 Airways. 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] The Australian Licensed Aircraft Engineers Association and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 9 May 2019. The nominal expiry date of the Agreement is 23 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Jetstar Airways Pty Ltd, trading as Jetstar Airways, applied for approval of the Jetstar Airways Engineering & Maintenance Enterprise Agreement 2018. The dispute involved the terms of employment and conditions for the engineering and maintenance staff at Jetstar. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for a proper balance between the interests of Jetstar and its employees, whether it complied with the minimum entitlements prescribed by the Act, and whether it contained terms that were necessary to prevent unfairness. Additionally, the Commission had to consider whether the agreement provided for an appropriate dispute resolution process.

The Commission found that the agreement contained terms that were necessary to prevent unfairness and met the statutory requirements of the Act. The Commission concluded that the agreement provided for a proper balance of the interests of Jetstar and its employees. It also found that the agreement provided for an appropriate dispute resolution process. Accordingly, the Commission approved the Jetstar Airways Engineering & Maintenance Enterprise Agreement 2018.

Jetstar Airways Pty Ltd T/A Jetstar Airways

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established