Jetstar Group Pty Ltd T/A Team Jetstar Summary

[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.

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).

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.

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.

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.

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.

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

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].

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Jetstar Group Pty Ltd, trading as Team Jetstar, and the relevant union. The union sought to vary the Team Jetstar Cabin Crew Agreement 2023. The dispute centred around several proposed amendments to the agreement, primarily concerning work hours, rest periods, and shift scheduling. The application was heard in the Fair Work Commission.

The key legal issues before the Commission were whether the proposed changes to the agreement would unfairly disadvantage the cabin crew, if the changes were necessary for the efficient operation of the airline, and if the union had properly consulted with the affected employees. The Commission also needed to consider if the proposed changes complied with the Fair Work Act 2009 and any relevant industrial instruments.

In determining the application, the Commission took into account the need for a balance between the operational requirements of the airline and the welfare of the cabin crew. It was noted that Jetstar had provided detailed evidence of the operational necessity for the proposed changes, citing increased flight schedules and staffing challenges. The Commission found that the proposed changes were reasonable and necessary to meet these operational demands. The union's consultation process was deemed adequate, as it had engaged with the cabin crew through meetings and submissions. Ultimately, the Commission accepted that the changes would not unfairly disadvantage the employees and were in line with the requirements of the Fair Work Act.

The Commission granted the application for variation of the Team Jetstar Cabin Crew Agreement 2023, with the specific changes outlined in the union's submission. The new agreement was to take effect from the date of the Commission's decision, subject to a 21-day review period. The union and Jetstar were directed to provide written confirmation of the agreement's terms to all affected employees.

Jetstar Group Pty Ltd T/A Team Jetstar

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established