DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jetstar Airways Pty Ltd T/A Jetstar
(AG2018/6908)

JETSTAR AIRWAYS CABIN CREW (WIDEBODY) AGREEMENT 2018

Airline operations
COMMISSIONER LEE	SYDNEY, 10 APRIL 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Jetstar Airways Cabin Crew (Widebody) 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] 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 Flight Attendants’ Association of Australia and the Transport Workers’ Union of Australia 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) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Jetstar Airways, sought approval from the Fair Work Commission for a proposed agreement with its cabin crew. The proposed agreement, the Jetstar Airways Cabin Crew (Widebody) Agreement 2018, aimed to govern the terms and conditions of employment for cabin crew members on widebody aircraft. The Fair Work Commission, exercising its powers under the Fair Work Act 2009, was tasked with determining whether the agreement met the requirements for approval.

The legal issues before the Commission included whether the agreement was made in good faith and whether it facilitated, promoted, or improved the terms and conditions of employment. Additionally, the Commission needed to assess if the agreement provided for the proper administration of the workplace and the resolution of workplace disputes. The applicant argued that the proposed agreement would better manage cabin crew rosters and provide clearer communication pathways, while the objectors raised concerns about potential negative impacts on existing conditions and the process through which the agreement was negotiated.

The Commission found that the proposed agreement was made in good faith and would facilitate, promote, or improve the terms and conditions of employment. The Commission considered the evidence presented on both sides and concluded that the agreement would lead to better roster management and improved communication, thus meeting the statutory criteria for approval. The Commission also determined that the agreement contained appropriate mechanisms for the proper administration of the workplace and the resolution of workplace disputes. Consequently, the Commission approved the Jetstar Airways Cabin Crew (Widebody) Agreement 2018.

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