DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jetstar Services Pty Limited
(AG2016/3417)

JETSTAR SERVICES AGREEMENT 2016

Airline operations
COMMISSIONER ROE	MELBOURNE, 22 JULY 2016

Application for approval of the Jetstar Services Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Jetstar Services Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jetstar Services Pty Limited. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 22 July 2016 and, in accordance with s.54, will operate from 29 July 2016. The nominal expiry date of the Agreement is 15 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Jetstar Services Pty Limited applied for approval of the Jetstar Services Agreement 2016 under the Fair Work Act 2009. The application was made by Jetstar, an airline company, and involved an enterprise agreement with its flight attendants. The Australian Industrial Relations Commission was tasked with determining whether the agreement met the necessary criteria for approval.

The court had to decide whether the agreement complied with the statutory requirements set out in the Fair Work Act. Specifically, it needed to assess if the agreement was made in good faith, if it contained the appropriate minimum terms and conditions, and if it had been appropriately certified by the Fair Work Commission. Additionally, the court examined whether the agreement was made in compliance with procedural fairness, ensuring that the process for developing and agreeing to the terms was fair and transparent.

The court found that the Jetstar Services Agreement 2016 met all the statutory requirements for approval. It confirmed that the agreement was made in good faith, contained the necessary minimum terms, and was properly certified. The court also determined that the process for developing the agreement was procedurally fair, with adequate consultation and representation of the employees' interests. Consequently, the court approved the agreement, enabling it to be implemented as a binding enterprise agreement between Jetstar and its flight attendants.

The final orders included the approval of the Jetstar Services Agreement 2016, with specific conditions to ensure ongoing compliance with the Fair Work Act. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions for the relevant employees. This decision provided clarity for both Jetstar and its flight attendants regarding their employment relationship moving forward.

Jetstar Services Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established