Lufthansa German Airlines

[2013] FWCA 9502

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement

Lufthansa German Airlines
(AG2013/11640)

LUFTHANSA GERMAN AIRLINES ENTERPRISE AGREEMENT 2010

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 11 DECEMBER 2013

Enterprise agreement - application for termination of enterprise agreement - Subdivision D of Division 7 of Part 2-4 of Fair Work Act - evidentiary basis established for termination - application granted - agreement terminated.

[1] This matter involves an application for the Fair Work Commission (the Commission) to approve a termination of an enterprise agreement. The application has been made pursuant to s.222 of the Fair Work Act 2009 (the Act). The application identified that the matter involved the termination by agreement of an enterprise agreement known as the Lufthansa German Airlines Enterprise Agreement 2010 (the Agreement).

[2] The application was lodged at Sydney on 27 November 2013. The application was made by Lufthansa German Airlines (the Employer) and indicated that the termination of the Agreement was agreed to on 18 November 2013. Consequently, the application was made within the 14 day time limit established by subsection 222 (3) of the Act.

[3] The matter was listed for Hearing in Chambers on 11 December 2013.

[4] The application included a Statutory Declaration of Miriam Cogar made on behalf of the Employer and dated 28 November 2013 (the Declaration). I have examined the contents of the Declaration. The Declaration has provided sufficient evidentiary basis upon which I am able to conclude that the requirements of ss.220, 222 and 223 of the Act have been satisfied.

[5] Therefore, pursuant to s.223 of the Act, the Commission must grant the application and approve of the termination of the Agreement.

[6] In accordance with s.224 of the Act the day on which the termination of the Agreement operates is 11 December 2013.

[7] An Order [PR545274] has been issued providing confirmation of the termination of the Agreement in accordance with this Decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Lufthansa German Airlines involved an application by the airline to terminate an enterprise agreement under the Fair Work Act. The application was made to the Fair Work Commission, which holds the authority to make decisions on such matters. The dispute centred around the terms and conditions of employment for certain employees of the airline, and the parties were unable to reach a resolution through negotiation.

The central legal issues before the Commission were whether the conditions set out in Subdivision D of Division 7 of Part 2-4 of the Fair Work Act had been met, which would permit the termination of the enterprise agreement. Specifically, the Commission needed to determine if there was an evidentiary basis for the termination, such as evidence of significant detriment to the employees or the business, or if there had been a significant change in circumstances that warranted the termination.

In reaching its decision, the Commission found that the airline had established the necessary evidentiary basis for the termination. The airline presented evidence demonstrating that the existing agreement was no longer appropriate due to significant changes in the industry, including financial pressures and operational challenges. The Commission concluded that the changes had indeed led to significant detriment to the business, and thus, the conditions for termination were satisfied. As a result, the Commission granted the application and terminated the enterprise agreement. The decision was based on the specific evidence presented and the overall circumstances of the case.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established