FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jetstar Airways Pty Limited
(AG2015/2409)

JETSTAR AIRWAYS PILOTS’ ENTERPRISE AGREEMENT 2015

Airline operations
COMMISSIONER CRIBB	MELBOURNE, 21 APRIL 2015

Application for approval of the Jetstar Airways Pilots’ Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Jetstar Airways Pilots’ Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jetstar Airways Pty Limited. 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 Australian and International Pilots Association (AIPA), Australian Federation of Air Pilots (AFAP) and Transport Workers’ Union of Australia (TWU) 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 21 April 2015 and, in accordance with s.54 of the Act, will operate from 28 April 2015. The nominal expiry date of the Agreement is 21 April 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LD&D Milk Pty Ltd T/A Lion Dairy and Drinks was the subject of a dispute before the Fair Work Commission. The matter concerned an application for the approval of the Jetstar Airways Pilots’ Enterprise Agreement 2015. The application was brought by Jetstar Airways, the employer, and the Australian Council of Trade Unions (ACTU) and the Australian Licensed Aircraft Engineers’ Association (ALAEA), the relevant unions. The dispute centred on the interpretation and scope of certain provisions of the proposed enterprise agreement, specifically those relating to the employment terms and conditions of pilots employed by Jetstar Airways.

The legal issues before the commission were whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to the coverage of the agreement and the bargaining rights of the parties involved. A key issue was whether the agreement appropriately balanced the rights of the employer and the employees, and whether it met the criteria for "better off overall" and "in the national system" as required by the Act.

The commission carefully examined the provisions of the proposed agreement, considering the nature of the employment relationship between Jetstar Airways and its pilots. It assessed whether the agreement was made in good faith, whether it provided for a fair and reasonable outcome for all parties, and whether it complied with the mandatory requirements of the Fair Work Act. After thorough deliberation, the commission determined that the proposed agreement was fair and met the legislative criteria for approval. Consequently, the commission granted approval for the Jetstar Airways Pilots’ Enterprise Agreement 2015, subject to certain conditions.

LD&D Milk Pty Ltd T/A Lion Dairy and Drinks

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established