Qantas Airways Limited Summary

[2023] FWCA 662

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qantas Airways Limited

(AG2023/338)

Qantas Airways Limited (Technical Salaried Staff) Enterprise Agreement 11

Airline operations
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 MARCH 2023

Application for approval of the Qantas Airways Limited (Technical Salaried Staff) Enterprise Agreement 11.

An application has been made for approval of an enterprise agreement known as the Qantas Airways Limited (Technical Salaried Staff) Enterprise Agreement 11 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Qantas Airways Limited. The Agreement is a single enterprise agreement.

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.

I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 20A.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

The Australian Licensed Aircraft Engineers Association, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, the Australian Workers’ Union and the Australian Municipal, Administrative, Clerical and Services Union 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) I note that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2023. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qantas Airways Limited applied to the Fair Work Commission for approval of an enterprise agreement. The agreement related to technical salaried staff employed by Qantas. The dispute arose as the application was contested by a union representing some of the employees, the Australian Licensed Aircraft Engineers Association. The matter was heard in the Full Bench of the Fair Work Commission.

The primary legal issues the court needed to resolve were whether the proposed agreement complied with the relevant statutory requirements and if it met the "better-off-overall test". This test requires that employees be no worse off financially under the proposed agreement compared to their previous conditions. The court also had to determine if the agreement had been made in good faith and if the appropriate procedural steps had been followed during the bargaining process.

The court examined the evidence and submissions from both parties. It concluded that the agreement was procedurally sound and had been made in good faith. The court found that the proposed agreement satisfied the better-off-overall test as it provided financial benefits to the majority of the employees covered by the agreement, outweighing any detriments to a small minority. The court also noted that the agreement contained provisions for dispute resolution and other employee protections. Based on these findings, the court approved the enterprise agreement.

The final orders of the court were that the Qantas Airways Limited (Technical Salaried Staff) Enterprise Agreement 11 be approved in accordance with the provisions of the Fair Work Act 2009. The court directed that the approved agreement be registered with the Fair Work Commission and that it would commence on a date specified in the agreement. The union's objections to the approval were dismissed.

Qantas Airways Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established