Qantas Airways Limited

[2022] FWCA 1099

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qantas Airways Limited

(AG2022/823)

Flight Attendants’ Association of Australia, Qantas Airways Limited and QF Cabin Crew Australia Pty Limited Enterprise Agreement 2022 (EBA11)

Airline operations
COMMISSIONER MATHESON	SYDNEY, 29 MARCH 2022

Application for approval of the Flight Attendants’ Association of Australia, Qantas Airways Limited and QF Cabin Crew Australia Pty Limited Enterprise Agreement 2022 (EBA11).

An application has been made for approval of an enterprise agreement known as the Flight Attendants’ Association of Australia, Qantas Airways Limited and QF Cabin Crew Australia Pty Limited Enterprise Agreement 2022 (EBA11) (Agreement). The application was made by Qantas Airways Limited (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

The Flight Attendants’ Association of Australia and Transport Workers’ Union of Australia, 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) of the Act, I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2022. The nominal expiry date of the Agreement is 29 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was presented with an application by Qantas Airways Limited for the approval of the Flight Attendants’ Association of Australia, Qantas Airways Limited and QF Cabin Crew Australia Pty Limited Enterprise Agreement 2022 (EBA11). The application was made under section 185 of the Fair Work Act 2009 (Cth) (Act) and sought the Commission's approval of the terms and conditions of the Agreement, which is a single enterprise agreement. The FWC was required to consider whether the Agreement met the statutory requirements for approval under the Act, including those outlined in sections 186, 187, and 188.

The primary legal issue before the FWC was whether the Agreement fulfilled the necessary criteria for approval under the Act. This involved verifying that the Agreement was made in good faith and met the statutory requirements, including that it was not less favourable than the applicable modern awards or any relevant agreements. The FWC also needed to ensure that the Agreement was covered by the appropriate bargaining representatives and that any necessary notifications had been made.

Upon reviewing the materials presented, Commissioner Matheson was satisfied that the Agreement met all relevant statutory requirements for approval. The bargaining representatives for the Agreement, the Flight Attendants’ Association of Australia and Transport Workers’ Union of Australia, had notified their intention for the Agreement to cover them, as required by section 183 of the Act. The Agreement was thus approved under section 54 of the Act, and it was to take effect from 5 April 2022. The nominal expiry date of the Agreement is 29 March 2026.

The FWC approved the Agreement, effective from 5 April 2022, and noted its nominal expiry date of 29 March 2026. This decision ensures that the terms and conditions outlined in the Agreement are legally binding on the parties involved, providing clarity and stability in the relationship between Qantas Airways Limited and its flight attendants.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established