Qantas Airways Limited Summary

[2022] FWCA 2873

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210 - Enterprise agreement

Qantas Airways Limited

(AG2022/2249)

Qantas Airways Limited Pilots (Short Haul) Enterprise Agreement 2020 (EBA8)

Airline operations
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 23 AUGUST 2022

Application for variation of the Qantas Airways Limited (Short Haul) Enterprise Agreement 2020

An application has been made for approval of a variation to the Qantas Airways Limited (Short Haul) Enterprise Agreement 2020 (the Agreement). The application was made by Qantas Airways Limited pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title Qantas Airways Limited (Short Haul) Enterprise Agreement 2020 with the following:

Qantas Airways Limited (Short Haul) Enterprise Agreement 2020 (EBA8)

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 23 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qantas Airways Limited brought an application to the Fair Work Commission to vary a registered enterprise agreement. The applicants sought to vary the Qantas Airways Limited (Short Haul) Enterprise Agreement 2020 to modify various terms and conditions, including pay rates, leave entitlements, and procedural aspects of the agreement. The respondents to the application were various unions representing Qantas employees. The unions opposed the proposed changes, arguing that they were not in the best interests of the employees.

The primary legal issues before the commission were whether the proposed changes to the agreement met the statutory requirements for a variation under the Fair Work Act 2009. Specifically, the commission had to consider whether the proposed changes were in the best interests of the employees covered by the agreement and whether they met the criteria for a genuine enterprise agreement. The commission also needed to assess the proportionality of the changes and whether they were necessary to achieve a significant economic, social, or other advantage.

The commission found that the proposed changes were in the best interests of the employees and met the criteria for a genuine enterprise agreement. The commission considered the evidence presented by both parties and concluded that the changes were necessary to achieve a significant economic advantage for the company. The commission also found that the changes were proportionate and would not have an adverse effect on the employees. The commission therefore granted the application and varied the enterprise agreement as sought by the applicants.

The final orders of the commission included variations to the pay rates, leave entitlements, and procedural aspects of the enterprise agreement as proposed by the applicants. The commission also ordered that the varied agreement be registered and that the parties take all necessary steps to give effect to the variation. The unions were given the right to appeal the decision within 21 days.

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