DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jetstar Group Pty Ltd
(AG2019/4217)

TEAM JETSTAR CABIN CREW AGREEMENT 2019

Airline operations
DEPUTY PRESIDENT MANSINI	MELBOURNE, 19 NOVEMBER 2019

Application for approval of the Team Jetstar Cabin Crew Agreement 2019.

[1] Jetstar Group Pty Ltd has applied for approval of an enterprise agreement known as the Team Jetstar Cabin Crew Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application, and related materials, 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.

[3] The Transport Workers’ Union of Australia and the Flight Attendants’ Association of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they respectfully support approval of the Agreement and want the Agreement to cover them. In accordance with s.201(2), and based on the statutory declarations provided, I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 November 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, Jetstar Group Pty Ltd applied for the approval of the Team Jetstar Cabin Crew Agreement 2019. The dispute centred on the agreement's compliance with the Fair Work Act 2009 and the requirements for approval under section 232 of the Act. The applicant argued that the agreement, which aimed to regulate the terms and conditions of employment for cabin crew members, was fair and appropriate.

The court was required to determine whether the agreement met the criteria for approval under the Fair Work Act. Specifically, it needed to be established that the agreement was not discriminatory, provided for proper mechanisms for the resolution of disputes, and contained terms that were no less favourable than the applicable national workplace determination. The court also needed to consider whether the agreement was made in good faith and whether it was in the interests of the employees it sought to cover.

The court examined the provisions of the agreement and considered submissions from both Jetstar and the Australian Council of Trade Unions, which represented the cabin crew members. It found that the agreement was comprehensive and provided for a fair and reasonable framework for the employment of cabin crew. The court concluded that the agreement was not discriminatory, provided for adequate dispute resolution mechanisms, and contained terms that were at least as favourable as those in the applicable national workplace determination. The court was satisfied that the agreement was made in good faith and was in the interests of the employees it sought to cover. Consequently, the court approved the Team Jetstar Cabin Crew Agreement 2019.

The court ordered that the agreement be approved as a registered agreement under section 232 of the Fair Work Act 2009. This decision provided Jetstar with the legal certainty and flexibility it needed to manage its cabin crew workforce effectively while ensuring that employees' rights and interests were protected.

Jetstar Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established