Jetstar Group Pty Ltd T/A Team Jetstar

[2025] FWCA 1105

[2025] FWCA 1105

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Application for approval of a variation of an enterprise agreement

Jetstar Group Pty Ltd T/A Team Jetstar

(AG2025/611)

TEAM JETSTAR CABIN CREW AGREEMENT 2023

Airline operations
DEPUTY PRESIDENT BELL	MELBOURNE, 3 APRIL 2025

Application for variation of the Team Jetstar Cabin Crew Agreement 2023.

1. An application has been made for approval of a variation to the Team Jetstar Cabin Crew Agreement 2023 (the Agreement). The application was made by Jetstar Group Pty Ltd T/A Team Jetstar pursuant to section 210 of the Fair Work Act 2009 (the Act).

1. The application seeks to vary various clauses of the Agreement. The variations related to agreed:

   ·  increases in the annual base salary (clause 3.2),

   ·  increases to the flying allowance (clause 5.1.1),

   ·  increases to the ICM allowance (clause 5.1.3),

   ·  the introduction of a Back of the Clock Allowance (new clause 5.10),

   ·  the introduction of a Cancelled Accommodation Allowance (new clause 5.11),

   ·  changes to the standby credits (clause 9.5), and

   ·  various machinery or consequential amendments.

1. The Applicant provided written undertakings as part of the original approval of the Agreement. As those undertakings became a term of the Agreement, they remain a term of the Agreement as varied (unless the variation amended those undertakings, which was not the case for the current undertaking). A copy of the undertakings is attached in Annexure A.  At the original approval of the Agreement, clause 16.1(a) was varied under section 218A of the Act[1] to correct an obvious error – that variation remains unchanged and is incorporated into the consolidated version of the Agreement attached to this decision.  

1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

1. An issue was raised by me whether there was a requirement under s.205A of the Act for the Agreement, as varied, to include a workplace delegates’ rights term. I am satisfied that there is no such requirement, as s.205A has no application to making a ‘variation’, as distinct from an ‘agreement’. No party contended otherwise and, in fact, my attention was helpfully drawn to a decision of Deputy President Saunders on point in [2024] FWCA 4143 at [39]. I respectfully agree with the Deputy President’s observations on that issue and also conclude that s.205A has no application where (as here) the original enterprise agreement was made before 1 July 2024.

1. The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

1. In accordance with s.216 of the Act, I specify that the variation operates from 3 April 2025.

DEPUTY PRESIDENT

[1] [2024] FWCA 208 at [36] – [38].

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