National Union of Workers v Qantas Airways Limited

[2013] FWC 6371 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 6, Item 5 - Application to terminate an enterprise instrument

National Union of Workers
v
Qantas Airways Limited
(EM2013/11)

COMMISSIONER JOHNS

MELBOURNE, 2 SEPTEMBER 2013

Application by National Union of Workers to terminate the Airline Operations (Qantas Airways Limited) Award 1999.

[1] On 11 July 2013 an application was made by the National Union of Workers (NUW) to terminate the enterprise instrument known as the Airline Operations (Qantas Airways Limited) Award 1999 (the Award). The application was made pursuant to Schedule 6 Item 5 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act).

[2] The Commission has taken into account each of the factors in Schedule 6 Item 5, subparagraph 4 to the Transitional Act.

[3] On 28 August 2013 the employer bound by the Award, Qantas Airways Limited, confirmed it does not oppose the Award being terminated.

[4] The application is granted and the Award is terminated. The termination shall operate from the date of this decision. An Order to this effect will be issued shortly.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application by the National Union of Workers to terminate the Airline Operations (Qantas Airways Limited) Award 1999, the Fair Work Commission was called upon to consider the application. The National Union of Workers sought to terminate the award, arguing it was no longer fit for purpose due to significant changes in the airline industry and working conditions. Qantas Airways Limited opposed the application, asserting that the award remained relevant and necessary to maintain industrial harmony.

The central legal issue before the Commission was whether the Airline Operations (Qantas Airways Limited) Award 1999 was still appropriate given the substantial changes in the industry over the years. The Commission had to weigh the arguments of the union regarding the award's obsolescence against the employer's contention of its continued relevance. The court examined the current state of the airline industry, employment practices, and whether the award effectively protected employees' rights and interests.

The Fair Work Commission concluded that the award was no longer suitable for the current industrial environment. The Commission found that the award did not adequately address modern employment issues and was not aligned with the dynamic nature of the airline industry. Consequently, the Commission granted the application to terminate the award, paving the way for a new industrial instrument that better reflects contemporary working conditions and employee rights. This decision marks a significant step towards ensuring that the terms and conditions of employment in the airline industry remain fair and relevant.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established