Qantas Airways Limited

[2023] FWCA 1310

[2023] FWCA 1310

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qantas Airways Limited

(AG2023/792)

QANTAS AIRWAYS LIMITED (AWU, AMWU, CEPU) BRISBANE BASE MAINTENANCE AGREEMENT 6

Airline operations
COMMISSIONER P RYAN	SYDNEY, 8 MAY 2023

Application for approval of the Qantas Airways Limited (AWU, AMWU, CEPU) Brisbane Base Maintenance Agreement 6

1. Qantas Airways Limited (Employer) has made an application for approval of an enterprise agreement known as the Qantas Airways Limited (AWU, AMWU, CEPU) Brisbane Base Maintenance Agreement 6 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

1. The Employer 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

1. 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.

National Employment Standards (NES)

1. I observe that clauses 16.1.5, 16.1.6, 29.1.5 and 31.2 of the Agreement may be inconsistent with the NES. However, noting clause 7.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Section 183 Bargaining Representatives

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Workers’ Union (AWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.

1. In accordance with s.201(2), I note that the Agreement covers the AMWU, the AWU, and the CEPU.

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2023. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

<AE519948  PR761718>