National Union of Workers v Qantas Airways Limited

[2013] FWC 6406

The attached document replaces the document previously issued with the above code on 2 September 2013.

Inserting publication reference.

Cloe van Korven

Associate to Commissioner Johns

Dated 20 September 2013

[2013] FWC 6406

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
(EM2013/12)

COMMISSIONER JOHNS

MELBOURNE, 2 SEPTEMBER 2013

Application by the National Union of Workers to terminate the Airline Operations (Qantas Airways Limited and National Union of Workers) Hours of Work Award 2000.

[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 and National Union of Workers) Hours of Work Award 2000 (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

The National Union of Workers sought to terminate the Airline Operations (Qantas Airways Limited and National Union of Workers) Hours of Work Award 2000. The dispute arose due to changes in the industry and the union's belief that the existing award was no longer suitable for its members. The matter was heard in the Fair Work Commission, which has jurisdiction over such employment-related disputes in Australia.

The legal issues before the Commission included whether the award was still fit for purpose, and if the union had satisfied the legal requirements to terminate the award. The Commission needed to consider the impact of the award's termination on the parties and the broader industry, as well as the procedural fairness of the union's application. The Commission also examined the extent to which the changes in the industry justified the termination of the award.

In its decision, the Commission found that the union had not demonstrated that the award was no longer fit for purpose. The Commission held that the union had not provided sufficient evidence to support its claim that the award was outdated or that it was necessary to terminate the award to address changes in the industry. The Commission also found procedural deficiencies in the union's application, including a failure to adequately consult with the employer and other stakeholders. The application was dismissed, and the award remained in place.

The Commission ordered that the application be dismissed, and the Airline Operations (Qantas Airways Limited and National Union of Workers) Hours of Work Award 2000 remain in effect. The Commission also ordered the union to pay Qantas Airways Limited's costs of the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established