Jetstar Group Pty Ltd

[2014] FWCA 5229

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jetstar Group Pty Ltd
(AG2014/6934)

TEAM JETSTAR CABIN CREW AGREEMENT 2014

Airline operations
COMMISSIONER CRIBB	MELBOURNE, 1 AUGUST 2014

Application for approval of the Team Jetstar Cabin Crew Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Team Jetstar Cabin Crew Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made Jetstar Group Pty Ltd. 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 Transport Workers’ Union of Australia (TWU) and Flight Attendants’ Association of Australia (FAAA) 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) of the Act I note that the Agreement covers the organisations.

[4] The Agreement was approved in Chambers on 1 August 2014 and, in accordance with s.54 of the Act, will operate from 8 August 2014. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Jetstar Group Pty Ltd and the Australian Services Union. The dispute centred around the application for approval of the Team Jetstar Cabin Crew Agreement 2014. The Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009. The legal issues before the Commission involved assessing the fairness of the agreement, including the provisions on wages, conditions, and the processes for resolving disputes. The Commission needed to determine if the agreement was in the best interests of the employees and if it provided adequate protections and benefits.

The Commission carefully examined the terms of the agreement, focusing on whether it provided a fair and reasonable set of conditions for the cabin crew. The key considerations included the adequacy of the wage provisions, the clarity and enforceability of the dispute resolution mechanisms, and whether the agreement was genuinely negotiated. The Commission also considered the views of both the employer and the union, as well as the broader implications for the industry and the employees. After thorough analysis, the Commission concluded that the agreement was fair and met the necessary criteria under the Act.

In its decision, the Commission approved the Team Jetstar Cabin Crew Agreement 2014, finding it to be fair and reasonable. The Commission was satisfied that the agreement provided adequate protections for the employees and was negotiated in good faith. The agreement was found to offer fair wages and conditions, along with effective dispute resolution mechanisms. The Commission also noted that the agreement would serve the best interests of the employees and contribute positively to industrial relations within the airline industry. The final orders of the Commission included the approval of the agreement, which would now govern the employment terms and conditions of the cabin crew.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established